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Context of 'October 26, 2006: Alleged ‘20th Hijacker’ Likely Will Never Be Put on Trial'

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William Odom.William Odom. [Source: Brendan Smialowski / Bloomberg News]Retired Lieutenant General William Odom, former director of the National Security Agency (NSA) under Ronald Reagan, says that he is “shocked” by the revelations of a propaganda campaign mounted by the Pentagon to manipulate public opinion regarding Iraq (see April 20, 2008 and Early 2002 and Beyond). Odom says: “Well, I was a little shocked by it.… My own sense of my obligations and my officer’s honor in the past would make me think that’s not a proper thing to do.… But I don’t think they’ll be able to defend that position publicly very well, particularly because of its sort of conspiratorial nature. I think it’s quite legitimate for military officers to talk to a number of people in the Pentagon, but to be part of a recurring meeting that is designed to shape the public opinion—that’s a strange thing for officers to be willing to do, in my view.” [WAMU-FM American University, 5/19/2008; Think Progress, 5/19/2008]

Entity Tags: US Department of Defense, National Security Agency, Ronald Reagan, William Odom

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

The Department of Justice (DOJ) releases a long-anticipated report on the alleged torture and abuse of terrorist suspects in US custody. The report was spurred by a Congressional request after Freedom of Information Act (FOIA) requests showed that FBI agents at Guantanamo had raised concerns about CIA- and military-conducted interrogations. The report identifies then-National Security Adviser Condoleezza Rice as a recipient of complaints of torture. [American Civil Liberties Union, 5/20/2008] The report, issued by DOJ Inspector General Glenn Fine, shows that CIA officials regularly ignored DOJ warnings that the interrogation tactics they were using amounted to “borderline torture.” The report also concludes that the Defense Department is ultimately responsible for how prisoners in military custody are being treated. As a result, the report finds no reason to bring criminal complaints against CIA officials or interrogators.
'Seven Months of Foot-Dragging' - The report documents what CBS News calls “seven months of foot-dragging” by the Pentagon, which attempted to water down the report. Failing that, the report cites numerous instances where Pentagon officials attempted to redact information in the report from public view. The report is lightly redacted.
FBI Praised for Legal, Non-Coercive Interrogation Techniques - The report generally praises the FBI’s own interrogation efforts, methods, and results. It confirms that when CIA officials became impatient with what they were calling “throwaway results” by FBI interrogators, particularly in the case of Abu Zubaida (see April - June 2002), the CIA took over interrogations of prisoners such as Zubaida and began using harsh, torturous techniques. The FBI pulled its agents from the ongoing interrogations, refusing to participate in what it considered to be illegal actions (see May 13, 2004). (In 2009, a former FBI interrogator will confirm that the FBI gathered far more useful information from its non-coercive techniques than the CIA did with its “borderline torture” methods—see Late March through Early June, 2002 and April 22, 2009.) [CBS News, 5/20/2008; Newsweek, 5/20/2008; American Civil Liberties Union, 5/20/2008]
Witnesses to Torture - However, the report makes clear that FBI agents witnessed harsh interrogations that may have constituted torture at three locations—Baghdad’s Abu Ghraib prison, Afghanistan’s Bagram Air Force Base facility, and Guantanamo Bay. FBI agents are explicitly banned from using brutality, physical violence, intimidation, or other means of causing duress when interviewing suspects. Instead, the FBI generally tries to build a rapport with suspects to get information. “Beyond any doubt, what they are doing (and I don’t know the extent of it) would be unlawful were these enemy prisoners of war,” one FBI employee, senior FBI lawyer Spike Bowman, reported. Bowman worried that the FBI would be “tarred by the same brush,” when asked whether the FBI should refer the matter to the Defense Department Inspector General, and added, “Were I still on active duty, there is no question in my mind that it would be a duty to do so.” The report cites two FBI agents at Guantanamo who “had concerns not only about the proposed techniques but also about the glee with which the would-be [military] participants discussed their respective roles in carrying out these techniques, and the utter lack of sophistication and circus-like atmosphere within this interrogation strategy session.” [CBS News, 5/20/2008; American Civil Liberties Union, 5/20/2008]
Blocking Access to Zubaida - CIA general counsel John Rizzo refused to let DOJ investigators interview Zubaida for the report. The CIA has admitted that Zubaida was waterboarded (see Mid-May, 2002, March 2002 and April - June 2002). The report says that the CIA’s denial of access to Zubaida was “unwarranted,” and “hampered” the investigation, and contrasts the CIA’s actions with those of the Defense Department, which allowed DOJ investigators to interview Guantanamo prisoners. Rizzo told the DOJ that Zubaida “could make false allegations against CIA employees.” [Newsweek, 5/20/2008; American Civil Liberties Union, 5/20/2008]
Split over Al-Khatani - The rift between the CIA and FBI came to a head over the treatment of Mohamed al-Khatani, one of several suspected terrorists accused of being the fabled “20th hijacker” for the 9/11 attacks (see December 2001). According to the report, al-Khatani was abused in a number of ways by military interrogators at Guantanamo; the report cites the use of attack dogs, shackling and stress positions, sexual humiliation, mocking al-Khatani’s religion, and extended sleep deprivation among other tactics. FBI officials complained to the White House after learning that military interrogators forced him to “perform dog tricks,” “be nude in front of a female,” and wear “women’s underwear on his head.” Al-Khatani did eventually “confess” (see July 2002), but FBI officials expressed serious doubts as to the validity of his confession, both in its accuracy and in its admissability in a criminal court. The then-chief of the Guantanamo facility, Major General Geoffrey Miller, ordered a “relentless” and “sustained attack” on al-Khatani. “The plan was to keep him up until he broke,” an FBI agent told superiors, and some of those superiors worried that those techniques would render his confession inadmissible. Al-Khatani was hospitalized for hypothermia during those interrogations. His lawyer, Gitanjali Gutierrez, says her client recently attempted suicide because of his treatment. “The tactics that were used against and the impact, the pain and suffering it caused him and the damage that it caused him does rise to a level of torture,” she says. The government recently dropped all charges against al-Khatani (see October 26, 2006 and January 14, 2009), because if he had been brought to trial, all of the evidence of his treatment would be made public. [CBS News, 5/20/2008; Newsweek, 5/20/2008; American Civil Liberties Union, 5/20/2008]

Entity Tags: US Department of Justice, Glenn Fine, John Rizzo, Marion (“Spike”) Bowman, Gitanjali Gutierrez, Geoffrey D. Miller, Federal Bureau of Investigation, Condoleezza Rice, Abu Zubaida, Mohamed al-Khatani, Central Intelligence Agency, US Department of Defense

Timeline Tags: Torture of US Captives

The House passes an amendment to the 2009 Defense Authorization Bill; the amendment, written by Representative Paul Hodes (D-NH), will, if it becomes law, prohibit the Pentagon from engaging in propaganda programs like the one revealed by the New York Times (see April 20, 2008 and Early 2002 and Beyond). The amendment also requires the Government Accountability Office (GAO) to launch an investigation of the Pentagon’s propaganda program. Hodes says on the floor of the House: “In a free and democratic society, our government should never use the public airwaves to propagandize our citizens. Congress cannot allow an administration to manipulate the public with false propaganda on matters of war and our national security.… This amendment will ensure that no money authorized in this act will be used for a propaganda program, and require a report to Congress by both the Defense Inspector General and the Government Accountability Office on whether previous restrictions on propaganda have been violated. It’s time for the American people to finally know the truth.” [US House of Representatives, 5/22/2008]

Entity Tags: US Department of Defense, Government Accountability Office, Paul Hodes, New York Times

Timeline Tags: Iraq under US Occupation, Domestic Propaganda

Aerial photo of Diego Garcia island.Aerial photo of Diego Garcia island. [Source: Department of Defense]British Conservative MP Andrew Tyrie, who chairs the all-party Parliamentary group on extraordinary rendition, files a formal complaint with the government’s Information Commissioner over the government’s use of the island of Diego Garcia for the rendition of US prisoners to foreign countries for interrogation and possibly torture (see After February 7, 2002 and June 2, 2008). Diego Garcia is a large atoll in the Indian Ocean under British jurisdiction, and hosts a large British-American military base (see July 27, 1971-May 26, 1973). Tyrie says he decided to make the complaint to learn if Britain was in breach of its obligations under the UN Convention Against Torture (see October 21, 1994). The British government has recently admitted that at least two US rendition planes used Diego Garcia as a refueling base in 2002 (see December 2001-January 2002). “The foreign secretary has been forced to admit that two rendition planes refueled at Diego Garcia, despite explicit US assurances to the [British] government that no such flights had taken place,” Tyrie says. “Clearly people will conclude that these assurances are worthless.… But in response to requests by me the government has twice refused to release the terms of these assurances. Their disclosure will allow for a legal assessment of whether or not [Britain] has breached its obligations under the convention against torture, both with respect to Diego Garcia and to rendition generally.” Tyrie’s complaint requests that Foreign Secretary David Milbrand name the prisoners rendered through Diego Garcia by the US. Milbrand has already apologized to Parliament about falsely claiming that no US rendition flights have ever used Diego Garcia as a refueling base; other British government officials have issued similar denials (see January 8, 2003). But Manfred Novak, the UN special investigator on torture, says that he has credible evidence that detainees were held on Diego Garcia between 2002 and 2003. Human rights attorney Clive Stafford Smith says he believes two of the detainees were Mohammed Saad Iqbal Madni (see Early January-January 9, 2002 and March 2004) and Ibn al-Shaykh al-Libi (see December 19, 2001 and January 2002 and After), though he cannot be sure since neither the US nor British governments are releasing the names of potential detainees kept at Diego Garcia. In 2007, a Council of Europe investigation into extraordinary rendition will learn that US agencies use Diego Garcia in the “processing” of “high-value detainees.” [Guardian, 6/2/2008; Guardian, 6/2/2008]

Entity Tags: Mohammed Saad Iqbal Madni, David Miliband, Manfred Novak, Andrew Tyrie, Clive Stafford Smith, Ibn al-Shaykh al-Libi

Timeline Tags: Torture of US Captives, US-Britain-Diego Garcia (1770-2004)

The Senate Intelligence Committee releases its long-awaited “Phase II” report on the Bush administration’s use of intelligence in convincing the country that it was necessary to invade Iraq. According to the report, none of the claims made by the administration—particularly that Iraq had WMD and that its government had working ties with Islamist terror organizations such as al-Qaeda—were based in any intelligence reporting. The committee released “Phase I” of its report in July 2004, covering the quality of intelligence used in making the case for war; the second phase was promised “soon afterwards” by the then-Republican leadership of the committee, but nothing was done until after Democrats took over the committee in November 2006. The report is the product of what the Associated Press calls “nasty partisan fight[ing]” among Republicans and Democrats, and largely fails to reveal much information that has not earlier been reported elsewhere. [Associated Press, 6/5/2008] The report is bipartisan in that two Republican committee members, Olympia Snowe (R-ME) and Chuck Hagel (R-NE), joined the committee’s Democrats to sign the report. [Hill, 6/5/2008]
False Linkages between Iraq, Al-Qaeda - Time magazine notes that the report “doesn’t break any new ground,” but tries “to make the case that President Bush and his advisers deliberately disregarded conflicting intel and misled Americans on the severity of the Iraqi threat.” Committee chairman John D. Rockefeller (D-WV) says: “It is my belief that the Bush administration was fixated on Iraq, and used the 9/11 attacks by al-Qaeda as justification for overthrowing Saddam Hussein. To accomplish this, top administration officials made repeated statements that falsely linked Iraq and al-Qaeda as a single threat.” [Time, 6/6/2008]
Examination of Five Speeches - The report looks at the statements of current and former Bush administration officials such as President Bush, Vice President Cheney, Secretary of State Colin Powell, and Defense Secretary Donald Rumsfeld, between October 2002 and the actual invasion of Iraq in March 2003 (see January 23, 2008), largely focusing on five speeches:
bullet Cheney’s speech to the Veterans of Foreign Wars National Convention (see August 26, 2002);
bullet Bush’s statement to the UN General Assembly (see September 12, 2002);
bullet Bush’s speech in Cincinnati (see October 7, 2002);
bullet Bush’s State of the Union speech (see 9:01 pm January 28, 2003);
bullet and Powell’s presentation to the United Nations Security Council (see February 5, 2003).
The report contrasts these speeches and statements to intelligence reports that have since then been released. The report only assesses the veracity of public comments made by Bush officials, and does not delve into any possible behind-the-scenes machinations by those officials or their surrogates. Some of the report’s conclusions:
bullet “Statements which indicated that [Saddam] Hussein was prepared to give WMDs to terrorists were inconsistent with existing intelligence at the time, as were statements that suggested a partnership between the two.”
bullet “Claims that airstrikes on their own would not be sufficient to destroy purported chemical and biological weapons in Iraq were unsubstantiated.”
bullet “Most statements that supported the theory that Hussein had access to or the capacity to build chemical, biological, or even nuclear weapons did not take into account the disagreements between intelligence agencies as to the credibility of the WMD allegations.”
'Statements beyond What the Intelligence Supported' - Rockefeller says the administration concealed information that contradicted their arguments that an invasion was necessary. “We might have avoided this catastrophe,” he says. The report finds that while many of the administration’s claims were supported by at least some intelligence findings, the administration routinely refused to mention dissents or uncertainties expressed by intelligence analysts about the information being presented. The committee’s five Republicans assail the report as little more than election-year partisanship, and accuse Democrats of using the report to cover for their own members, including Rockefeller and Carl Levin (D-MI), who supported the administration’s push for war at the time. [Senate Intelligence Committee, 6/5/2008 pdf file; Associated Press, 6/5/2008; Time, 6/6/2008] Rockefeller answers the Republican charges by saying, “[T]here is a fundamental difference between relying on incorrect intelligence and deliberately painting a picture to the American people that you know is not fully accurate.” Committee member Dianne Feinstein (D-CA) writes in a note attached to the report: “Even though the intelligence before the war supported inaccurate statements, this administration distorted the intelligence in order to build its case to go to war. The executive branch released only those findings that supported the argument, did not relay uncertainties, and at times made statements beyond what the intelligence supported.” [Huffington Post, 6/5/2008]

Entity Tags: Chuck Hagel, John D. Rockefeller, Colin Powell, Dianne Feinstein, Donald Rumsfeld, Bush administration (43), Carl Levin, Olympia Snowe, Al-Qaeda, Richard (“Dick”) Cheney, George W. Bush, Senate Intelligence Committee, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

Conservative radio host Michael Savage repeatedly refers to Democratic presidential candidate Barack Obama as an “Afro-Leninist.” As reported by the progressive media watchdog site Media Matters, Savage asserts: “If the other side [the Republican Party] had one decent candidate, one real conservative, he would win 70-30. But because we have a retread, a Bush III [referring to Republican candidate John McCain], it’s going to be very doubtful as to whether or not we can avoid outright Marxism and Afro-Leninism running this country.” Later in the broadcast, he calls Obama “[a]n Afro-Leninist who’s achieved nothing” and “the most narcissistic candidate in the history of the presidency.” [Media Matters, 6/10/2008]

Entity Tags: John McCain, Barack Obama, Republican Party, Media Matters, Michael Savage

Timeline Tags: Domestic Propaganda, 2008 Elections

The recently released Senate Intelligence Committee report on misleading, exaggerated, and inaccurate presentations of the prewar Iraqi threat by the Bush administration (see June 5, 2008) leaves out some significant material. The report says that the panel did not review “less formal communications between intelligence agencies and other parts of the executive branch.” The committee made no attempt to obtain White House records or interview administration officials because, the report says, such steps were considered beyond the scope of the report. Washington Post reporter Walter Pincus notes that “[o]ne obvious target for such an expanded inquiry would have been the records of the White House Iraq Group (WHIG), a group set up in August 2002 by then-White House Chief of Staff Andrew H. Card Jr.” WHIG (see August 2002) was composed of, among other senior White House officials, senior political adviser Karl Rove; the vice president’s chief of staff, Lewis “Scooter” Libby; communications strategists Karen Hughes, Mary Matalin, and James Wilkinson; legislative liaison Nicholas Calio; and a number of policy aides led by National Security Adviser Condoleezza Rice and her deputy, Stephen Hadley.
WHIG Led Marketing of War - Scott McClellan, the former White House press secretary, recently wrote in his book What Happened that WHIG “had been set up in the summer of 2002 to coordinate the marketing of the war to the public.… The script had been finalized with great care over the summer [for a] “campaign to convince Americans that war with Iraq was inevitable and necessary.” On September 6, 2002, Card hinted as much to reporters when he said, “From a marketing point of view, you don’t introduce new products in August” (see September 6, 2002). Two days later, the group scored its first hit with a front-page New York Times story about Iraq’s secret purchase of aluminum tubes that, the story said, could be used to produce nuclear weapons (see September 8, 2002). The information for that story came from “senior administration officials” now known to be members of WHIG. The story was the first to make the statement that “the first sign of a ‘smoking gun’ [proving the existence of an Iraqi nuclear weapons program] may be a mushroom cloud” (see September 4, 2002); that same morning, the same message was repeated three times by various senior administration officials on the Sunday talk shows (see September 8, 2002, September 8, 2002, and September 8, 2002). WHIG did not “deliberately mislead the public,” McClellan claimed in his book, but wrote that the “more fundamental problem was the way [Bush’s] advisers decided to pursue a political propaganda campaign to sell the war to the American people.… As the campaign accelerated,” caveats and qualifications were downplayed or dropped altogether. Contradictory intelligence was largely ignored or simply disregarded.”
Records Perusal Would 'Shed Light' - If indeed the White House “repeatedly presented intelligence as fact when it was unsubstantiated, contradicted, or even nonexistent,” as committee chairman John D. Rockefeller (D-WV) has said, then an examination of WHIG’s records would, Pincus writes, “shed much light” on the question. [Washington Post, 6/9/2008]

Entity Tags: New York Times, Karen Hughes, John D. Rockefeller, James R. Wilkinson, Condoleezza Rice, Bush administration (43), Andrew Card, Karl C. Rove, Mary Matalin, Senate Intelligence Committee, Stephen J. Hadley, Walter Pincus, White House Iraq Group, Nicholas E. Calio, Scott McClellan, Lewis (“Scooter”) Libby

Timeline Tags: Domestic Propaganda

Obama’s birth certificate, obtained from the Hawaii Department of Health.Obama’s birth certificate, obtained from the Hawaii Department of Health. [Source: FightTheSmears (.com)]Senator Barack Obama (D-IL), running for the Democratic nomination for president, releases a digitally scanned copy of his Hawaiian birth certificate. His campaign is responding to persistent rumors that he is not a legitimate American citizen. In the process of releasing the certificate, Obama’s campaign also launches a Web site called Fight The Smears, devoted to debunking the allegations that, among other things, Obama is not a citizen, he is a closet Muslim, he took his oaths for political office on a copy of the Koran, he refuses to say the Pledge of Allegiance, and other falsehoods. As Obama was born in Kapiolani Maternity & Gynecological Hospital in Honolulu at 7:24 p.m. on August 4, 1961, his birth certificate comes under Hawaiian state law, and those laws state birth certificates are not public records. Only the individuals, or immediate family members, may request copies. The copy of the birth certificate released by the Obama campaign confirms that his name is legitimately “Barack Hussein Obama,” not “Barack Muhammed Obama,” “Barry Soetoro,” or other claimed variants, and states that Obama’s mother is Stanley Ann Dunham, an American, and his father is Barack Hussein Obama, an “African.” The birth certificate release only inflames the “birther” claims that Obama is hiding his true citizenship, religion, political alliances, and other such personal facts (see June 27, 2008). [St. Petersburg Times, 6/27/2008; St. Petersburg Times, 7/1/2009; Honolulu Advertiser, 7/28/2009]

Entity Tags: Barack Obama, Ann Dunham, Kapiolani Maternity & Gynecological Hospital, Barack Obama, Sr

Timeline Tags: Domestic Propaganda, 2008 Elections

Physicians for Human Rights logo.Physicians for Human Rights logo. [Source: Newsguide (.us)]Retired Army Major General Antonio Taguba, who led the probe into prisoner torture and abuse at Baghdad’s Abu Ghraib prison (see March 9, 2004), accuses the Bush administration of committing “war crimes,” and calls for Bush officials to be held accountable. Taguba’s remarks are part of a wide-ranging report on US torture by the human rights organization Physicians for Human Rights (PHR). The report, released today, finds that US personnel tortured and abused detainees in Iraq, Afghanistan, and Guantanamo Bay, using beatings, electrical shocks, sexual humiliation, sleep deprivation, isolation, being hung from ceilings, and other practices. One prisoner was forced to drink urine. “After years of disclosures by government investigations, media accounts, and reports from human rights organizations, there is no longer any doubt as to whether the current administration has committed war crimes,” Taguba wrote in the report. “The only question that remains to be answered is whether those who ordered the use of torture will be held to account.” PHR calls the report the most complete medical and psychological examination of former detainees to date. The report focuses on statements from, and medical examinations of, 11 detainees held for long periods of time in various US-run prisons and facilities before being released without charges. The report, titled “Broken Laws, Broken Lives,” concurs with an investigation of Guantanamo conducted by investigative reporters for McClatchy News. PHR president Leonard Rubenstein says there was a direct connection between the Pentagon’s authorizations of extreme interrogation methods and the abuses his organization documented. “The result was a horrific stew of pain, degradation, and… suffering,” he says. [Physicians for Human Rights, 6/2008; McClatchy News, 6/18/2008]

Entity Tags: Bush administration (43), Antonio M. Taguba, Physicians for Human Rights, Leonard Rubenstein

Timeline Tags: Torture of US Captives

The lawyer for Mohammed Jawad, a young Guantanamo detainee held in US captivity for almost six years (see December 17, 2002) and charged with attempted murder (see October 7, 2007), attempts to have the charges against his client dismissed. Major David Frakt tells the court that Jawad has been subjected to a harsh regime of sleep deprivation nicknamed the “frequent flyer program.” Records show that Jawad was moved from one cell to another 112 times over the period of two weeks, with guards shackling, moving, and unshackling him for an average of once every two hours and 50 minutes. Frakt tells the court that Jawad had attempted suicide months before. The military commission judge refuses to dismiss the charges. [Human Rights First, 9/2008]

Entity Tags: Mohammed Jawad, David Frakt

Timeline Tags: Torture of US Captives

The Supreme Court rules 5-4 that foreign terror suspects held without charge at Guantanamo Bay have the Constitutional right to challenge their detention in US civilian courts. The Court splits along ideological lines, with the more liberal and moderate members supporting the finding, and the more conservative members opposing it. Justice Anthony Kennedy, considered a centrist, writes the ruling. He writes, “The laws and Constitution are designed to survive, and remain in force, in extraordinary times.” The ruling specifically strikes down the portion of the Military Commissions Act (see October 17, 2006) that denies detainees their habeas corpus rights to file petitions. [Associated Press, 6/12/2008; Associated Press, 6/12/2008] The case is Boumediene v. Bush, and was filed in the Supreme Court in March 2007 on behalf of Lakhdar Boumediene, a Bosnian citizen held in the Guantanamo camp since 2002 (see January 18, 2002). It was combined with a similar case, Al Odah v United States (see October 20, 2004). [Oyez (.org), 6/2007; Jurist, 6/29/2007]
'Stinging Rebuke' for Bush Administration - The ruling is considered a serious setback for the Bush administration (a “stinging rebuke,” in the words of the Associated Press), which insists that terror suspects detained at Guantanamo and elsewhere have no rights in the US judicial system. It is unclear whether the ruling will lead to prompt hearings for detainees [Associated Press, 6/12/2008; Associated Press, 6/12/2008] ; law professor James Cohen, who represents two detainees, says, “Nothing is going to happen between June 12 and January 20,” when the next president takes office. Justice Department spokesman Peter Carr says the decision will not affact war crimes trials already in the works: “Military commission trials will therefore continue to go forward.”
Scalia: Ruling Will 'Cause More Americans to Be Killed' - President Bush says he disagrees with the ruling, and says he may seek new legislation to keep detainees under lock and key. Justice Antonin Scalia, the leader of the Court’s ideological right wing, agrees; in a “blistering” dissent, he writes that the decision “will make the war harder on us. It will almost certainly cause more Americans to be killed.” In his own dissent, Chief Justice John Roberts argues that the ruling strikes down “the most generous set of procedural protections ever afforded aliens detained by this country as enemy combatants.” Joining Scalia and Roberts in the minority are Justices Samuel Alito and Clarence Thomas. Voting in the majority are Kennedy and Justices Stephen Breyer, Ruth Bader Ginsburg, David Souter, and John Paul Stevens.
Military Tribunals 'Doomed,' Says Navy Lawyer - Former Navy lawyer Charles Swift, who argued a similar case before the Supreme Court in Hamdan v Rumsfeld (see June 30, 2006), says he believes the ruling removes any legal basis for keeping Guantanamo open, and says that military tribunals are “doomed.” The entire rationale for Guantanamo and the tribunals, Swift says, is the idea that “constitutional protections wouldn’t apply.” But now, “The court said the Constitution applies. They’re in big trouble.” Democrats and many human rights organizations hail the ruling as affirming the US’s commitment to the rule of law; some Republican lawmakers say the ruling puts foreign terrorists’ rights over the safety of the American people. Vincent Warren, the head of the Center for Constitutional Rights, says: “The Supreme Court has finally brought an end to one of our nation’s most egregious injustices. By granting the writ of habeas corpus, the Supreme Court recognizes a rule of law established hundreds of years ago and essential to American jurisprudence since our nation’s founding.” [Associated Press, 6/12/2008]

Entity Tags: Stephen Breyer, Vincent Warren, US Supreme Court, Samuel Alito, Military Commissions Act, Peter Carr, Bush administration (43), Antonin Scalia, Anthony Kennedy, Charles Swift, Clarence Thomas, David Souter, George W. Bush, Lakhdar Boumediene, Ruth Bader Ginsburg, John Paul Stevens, James Cohen, John G. Roberts, Jr, US Department of Justice

Timeline Tags: Civil Liberties

A 2003 publicity photo of Monica Crowley.A 2003 publicity photo of Monica Crowley. [Source: 96.9 FM WTKK]Fox News commentator Monica Crowley, guest-hosting conservative radio host Laura Ingraham’s show, tells her audience that Democratic candidate Barack Obama is not African-American, but “Arab African.” Crowley admits that she has done no research to verify her claim, but is quoting conservative blogger Kenneth Lamb, who himself provided no verification to his February 2008 claim. Crowley says: “[A]ccording to this genealogy—and again, because I haven’t done the research, I can’t verify this—but according to this guy Kenneth Lamb, Barack Obama is not black African, he is Arab African.… And yet, this guy is campaigning as black and painting anybody who dares to criticize him as a racist. I mean, that is—it is the biggest con I think I’ve ever seen.” (Lamb has consistently refused to provide the research to back his claim, but has instead challenged critics to do the research themselves—including surreptitiously obtaining samples of Obama’s DNA for testing—and accused the administration of Harvard University of complicity in perpetuating the “sleight of hand.”) [Media Matters, 6/26/2008] In September 2008, radio host Rush Limbaugh will repeat the falsehood (see September 22, 2008).

Entity Tags: Laura Ingraham, Barack Obama, Fox News, Harvard University, Kenneth Lamb, Monica Crowley, Rush Limbaugh, Media Matters

Timeline Tags: Domestic Propaganda, 2008 Elections

Steven Hatfill in 2008.Steven Hatfill in 2008. [Source: Mark Wilson / Getty Images]Steven Hatfill, who was called a “person of interest” in the FBI’s investigation into the 2001 anthrax attacks (see October 5-November 21, 2001), agrees to a $5.82 million payment from the government to settle his legal claim that the Justice Department and the FBI ruined his career and invaded his privacy. Hatfill was the main focus of the anthrax investigation for several years, but was never arrested or charged. A federal judge presiding over his lawsuit recently said there “is not a scintilla of evidence” linking him to the attacks. The government does not formally admit any wrongdoing as part of the settlement, but the payout is widely viewed as an exoneration for Hatfill. For instance, the Los Angeles Times calls Hatfill “all but exonerated.” No witnesses or physical evidence were ever produced to link Hatfill to the attacks. Representative Rush Holt (D-NJ) says the government’s payout to Hatfill confirms that the anthrax investigation “was botched from the very beginning.… The FBI did a poor job of collecting evidence, and then inappropriately focused on one individual as a suspect for too long, developing an erroneous ‘theory of the case’ that has led to this very expensive dead end.” [Los Angeles Times, 6/28/2008; Los Angeles Times, 6/29/2008]

Entity Tags: Federal Bureau of Investigation, Steven Hatfill, US Department of Justice, Rush Holt

Timeline Tags: 2001 Anthrax Attacks

The Defense Department announces that it is charging al-Qaeda leader Abd al-Rahim al-Nashiri with “organizing and directing” the bombing of the USS Cole in 2000 (see October 12, 2000) and will seek the death penalty. Al-Nashiri was captured in 2002 (see Early October 2002), held and tortured in secret CIA prisons until 2006 (see (November 2002)), and then transferred to Defense Department custody at the Guantanamo prison (see September 2-3, 2006). He will be tried there in a military tribunal. Al-Nashiri told a hearing at Guantanamo in 2007 that he confessed a role in the Cole bombing, but only because he was tortured by US interrogators (see March 10-April 15, 2007). CIA Director Michael Hayden has conceded that al-Nashiri was subjected to waterboarding. [Associated Press, 6/30/2008] Khallad bin Attash, who is being held at Guantanamo with al-Nashiri and other al-Qaeda leaders, allegedly had a major role in the Cole bombing, but he is not charged. Presumably this is because he has already been charged for a role in the 9/11 attacks.

Entity Tags: Abd al-Rahim al-Nashiri, Khallad bin Attash, US Department of Defense

Timeline Tags: Complete 911 Timeline

ABC hires John Kiriakou, a former CIA officer who gave the network an exclusive interview about waterboarding in late 2007 (see December 10, 2007), as a paid consultant. ABC journalist Brian Ross will say that network officials were concerned about the appearance of a tie between the interview and the job. For that reason, “I felt that we should sort of wait,” he will say. “I didn’t want anyone to think that he was promised something for the interview. He was not.” Kiriakou remains with ABC for eight months, before leaving for the Council on Foreign Relations. Shortly after his departure, the press learns that one of the key claims he made in the interview was false (see April 28, 2009). [New York Times, 4/28/2009]

Entity Tags: ABC, Brian Ross, Council on Foreign Relations, John Kiriakou

Timeline Tags: Misc Entries, Domestic Propaganda

A suicide bombing at the Indian embassy in Kabul, Afghanistan, kills 54 people and injures 140 others. The main target appears to be a diplomatic convoy that had just entered the embassy gate, directly followed by the suicide truck. Among the dead are two senior Indian diplomats, including the military attaché, Brigadier Ravi Mehta. Many of those killed are people standing in line waiting for visas. [London Times, 8/3/2008] The Indian government received at least one warning about an attack on the embassy, and it took extra security precautions that helped reduce the loss of lives (see July 1, 2008). The Afghan interior ministry quickly asserts that the ISI, Pakistan’s intelligence agency, helped the Taliban with the attack. A presidential spokesman states at a news conference, “The sophistication of this attack and the kind of material that was used in it, the specific targeting, everything has the hallmarks of a particular intelligence agency that has conducted similar terrorist acts inside Afghanistan in the past.” The Afghan government has asserted that the ISI is responsible for other attacks in Afghanistan, including an attempted assassination of President Hamid Karzai in late April 2008 (see April 27, 2008). The Indian government also quickly blames the ISI and the Taliban. [Financial Times, 7/8/2008; Taipei Times, 7/9/2008] The Taliban deny involvement in the attack, but the New York Times notes that the Taliban usually deny involvement in attacks with a large number of civilian casualties. [New York Times, 7/8/2008] Less than a month later, US intelligence will accuse the ISI of helping a Taliban-linked militant network led by Jalaluddin Haqqani to plan the bombing (see August 1, 2008). President Bush will even directly threaten Pakistani Prime Minister Yousaf Raza Gillani with serious consequences if another attack is linked to the ISI (see July 28, 2008).

Entity Tags: Ravi Mehta, Jalaluddin Haqqani, Haqqani Network, Taliban, Afghanistan, India, Pakistan Directorate for Inter-Services Intelligence

Timeline Tags: Complete 911 Timeline, War in Afghanistan

President Bush signs the FISA Amendments Act of 2008 (FAA), a revamping and expansion of the original Foreign Intelligence Surveillance Act (see 1978). The legislation passed the House by a sweeping 293 to 129 votes, with most Democratic Congressional leaders supporting it over the opposition of the more liberal and civil liberties-minded Democrats. Republicans were almost unanimously supportive of the bill. Though Democratic Senators Russell Feingold (D-WI) and Christopher Dodd (D-CT) managed to delay the bill’s passage through the Senate, their attempt to modify the bill was thwarted by a 66-32 margin. (Dodd credits AT&T whistleblower Mark Klein (see December 15-31, 2005 and July 7, 2009) as one of the very few people to make the public aware of the illegal NSA wiretapping program, which the FISA amendment would protect. Without Klein, Dodd states, “this story might have remained secret for years and years, causing further erosion of our rights.”) Senator Barack Obama (D-IL), the party’s presumptive presidential nominee, gave his qualified support to the bill, stating: “Given the legitimate threats we face, providing effective intelligence collection tools with appropriate safeguards is too important to delay. So I support the compromise, but do so with a firm pledge that as president, I will carefully monitor the program.” Obama had opposed an earlier Senate version that would have given “blanket immunity” to the telecommunications companies for their participation in the illegal NSA wiretapping program (see December 15, 2005). House Speaker Nancy Pelosi (D-CA), who organized Democratic support for the bill in the House, said that she supported the bill primarily because it rejects Bush’s argument that a wartime chief executive has the “inherent authority” to conduct some surveillance activity he considers necessary to fight terrorism. It restores the legal notion that the FISA law is the exclusive rule on government spying, she said, and added: “This is a democracy. It is not a monarchy.” Feingold, however, said that the bill granted “retroactive immunity to the telecommunications companies that may have engaged in President Bush’s illegal wiretapping program.” The amendments restore many of the provisions of the expired Protect America Act (PAA—see August 5, 2007) that drastically modify the original FISA legislation and grant the government broad new surveillance powers. Like the PAA, the FAA grants “third parties” such as telecommunications firms immunity from prosecution for engaging in illegal surveillance of American citizens if they did so in partnership with government agencies such as the National Security Agency (NSA). [Washington Post, 6/20/2008; CNN, 6/26/2008; US Senate, 7/9/2008; White House, 7/10/2008; Klein, 2009, pp. 95-97] Senate Majority Leader Harry Reid (D-NV) actually refused to honor a “hold” placed on the bill by Dodd, a highly unusual move. Klein will later note that Reid has in the past always honored holds placed on legislation by Republicans, even if Democrats were strongly supportive of the legislation being “held.” Klein will write that Pelosi crafted a “showpiece” FISA bill without the immunity provisions, garnering much praise for her from civil liberties organizations; however, Pelosi’s colleague House Majority Leader Steny Hoyer (D-MD) had secretly worked with the White House to craft a bill that preserved immunity for telecoms, and on June 10, Pelosi “rammed” that bill through the House. The final bill actually requires the judiciary to dismiss lawsuits brought against telecom firms if those firms can produce evidence that they had worked in collusion with the NSA. Feingold later observes that the final bill is not a “compromise, it is a capitulation.” [Klein, 2009, pp. 101-103] Klein will write that Democrats and Republicans have worked together to “unw[ind] one of the main reforms of the post-Watergate era and accepted the outrageous criminal rationalizations of [President] Nixon himself.” Klein will quote Nixon as saying, “If the president does it, that means it’s not illegal” (see April 6, 1977), and will say that is “the essence of the FISA ‘compromise’” and turned Congress into the White House’s “rubber stamp.… It is the twisted judicial logic of a dictatorship.” [Klein, 2009, pp. 107]

Entity Tags: Nancy Pelosi, Foreign Intelligence Surveillance Act, FISA Amendments Act of 2008, Christopher Dodd, Barack Obama, George W. Bush, Mark Klein, Russell D. Feingold, Richard M. Nixon, Harry Reid, Steny Hoyer, National Security Agency, Protect America Act

Timeline Tags: Civil Liberties

Aafia Siddique in Afghan custody on July 17, 2008.Aafia Siddique in Afghan custody on July 17, 2008. [Source: Associated Press]Aafia Siddiqui, a female Pakistani neuroscientist and alleged al-Qaeda operative, is arrested by Afghan police in the town of Ghazni, Afghanistan. Police reportedly also find bomb-making instructions, substances in bottles and jars, and papers describing US landmarks. There are conflicting accounts about what happens next:
US Government's Version - The next day, a group of US agents come to visit her, but she is being held unsecured in a room, hiding behind a curtain. One of the US agents puts his rifle down. She allegedly picks up the rifle to shoot at the group. She shoots twice and misses, while a US agent shoots back and hits her at least once. [CNN, 8/4/2008; Reuters, 8/5/2008]
Afghan Police Version - According to Reuters, “Afghan police in Ghazni however, [tell] a different story.” They claim that they find Siddiqui in Ghazni after reports of her behaving suspiciously. They find maps of the town, including one of the governor’s house, and arrest her and a teenage boy. US troops then request that she be handed over to them, but Afghan police refuse, according to a senior police officer there. US soldiers then disarm the Afghan police at which point Siddiqui approaches the US soldiers complaining of mistreatment by the police. The US soldiers, under the impression that she could have explosives and would attack them as a suicide bomber, shoot her and take her away. The boy remains in Afghan police custody. [Reuters, 8/5/2008]
She is extradited to the US a couple of weeks later, where she is due to stand trial for attempting to murder the US agents. Siddiqui had lived and studied in the US for many years. She was in Pakistan in March 2003 when it was announced that 9/11 mastermind Khalid Shaikh Mohammed had been arrested. She disappeared several days later (see Late September 2001-March 2003). The FBI issued an alert for her arrest, alleging that she had been an al-Qaeda sleeper agent in the US. There has been speculation that she had been secretly arrested by the US or Pakistan, and what happened to her since 2003 still remains a mystery. [CNN, 8/4/2008]

Entity Tags: Khalid Shaikh Mohammed, Aafia Siddiqui

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Six FBI agents and one Naval Criminal Investigative Service (NCIS) agent testify at a military commission hearing for detainee Salim Ahmed Hamdan. Although at least one witness is anonymous, the FBI agents testifying include Robert Fuller and Craig Donnachie. Fuller admits that the bureau failed to read Hamdan his Miranda rights following his capture in 2001 (see November 24, 2001), and describes a tour of al-Qaeda facilities Hamdan took them on (see Shortly after November 24, 2001). Although Hamdan only provided what they thought was incomplete information, the agents all deny coercing or threatening him. [USA Today, 7/24/2008; Reuters, 7/24/2008]

Entity Tags: Federal Bureau of Investigation, Salim Ahmed Hamdan, Robert Fuller, Craig Donnachie, Naval Criminal Investigative Service

Timeline Tags: Torture of US Captives

A US drone strike kills al-Qaeda leader Midhat Mursi (a.k.a. Abu Khabab al-Masri). He is one of six people killed in the strike on a compound in South Waziristan, in Pakistan’s tribal region. Mursi, an Egyptian, was considered a poisons and explosives expert, and was accused of training the suicide bombers in the 2000 USS Cole bombing. He also is believed to have run the Darunta training camp in eastern Afghanistan until it was abandoned during the US invasion in late 2001. The US had put a $5 million bounty on him. A statement by al-Qaeda leader Mustafa Abu al-Yazid posted on the Internet about a week later will confirm his death. [Associated Press, 8/3/2008]

Entity Tags: Al-Qaeda, US Military, Mustafa Abu al-Yazid, Midhat Mursi

Timeline Tags: Complete 911 Timeline

Bruce Ivins in 2003. Bruce Ivins in 2003. [Source: Agence France-Presse / Getty Images]US government microbiologist Bruce Ivins dies of an apparent suicide. The Los Angeles Times is the first media outlet to report on his death three days later. The Times claims that Ivins died “just as the Justice Department was about to file criminal charges against him” for the 2001 anthrax attacks (see October 5-November 21, 2001). For the last 18 years, Ivins had worked at the United States Army Medical Research Institute of Infectious Diseases (USAMRIID), the US government’s top biological research laboratory at Fort Detrick, Maryland. His name had not been made public as a suspect in the case prior to his death. He dies at Frederick Memorial Hospital after ingesting a massive dose of prescription Tylenol mixed with codeine. Apparently there is no suicide note or any other known final message from Ivins. [Los Angeles Times, 8/1/2008] According to the Washington Post, Ivins had ingested the pills two or three days before he actually died. He was admitted to Frederick Memorial Hospital two days before his death. Investigators had scheduled a meeting with Ivins’s attorneys to discuss the evidence against him. However, Ivins dies two hours before the meeting is to take place (see July 29, 2008). [Washington Post, 8/2/2008] Apparently, no autopsy is performed on Ivins’s body. A Frederick Police Department lieutenant says that based on laboratory test results of blood taken from the body, the state medical examiner “determined that an autopsy wouldn’t be necessary” to confirm he died of a suicide. [Bloomberg, 8/1/2008]

Entity Tags: Bruce Ivins, US Department of Justice, United States Army Medical Research Institute of Infectious Diseases

Timeline Tags: 2001 Anthrax Attacks

Melanie Ulrich.Melanie Ulrich. [Source: Andrew Schotz]On August 1, 2008, it is first reported that Bruce Ivins, a scientist at USAMRIID, the US Army’s top bioweapons laboratory at Fort Detrick, Maryland, apparently killed himself after the FBI made him their chief suspect in the 2001 anthrax attacks (see October 5-November 21, 2001). But many of Ivins’s colleagues at USAMRIID doubt that he was the killer.
bullet On August 1, one unnamed colleague says, “They took an innocent man, a distinguished scientist, and smeared his reputation, dishonored him, questioned his children and drove him to take his life.… He just didn’t have the swagger, the ego to pull off that kind of thing, and he didn’t have the lab skills to make the fine powder anthrax that was used in the letters.” [ABC News, 8/1/2008]
bullet On August 2, an unnamed USAMRIID employee says, “Almost everybody… believes that he had absolutely nothing to do with [the anthrax attacks].” [Washington Post, 8/2/2008]
bullet Former colleague Norm Covert says, “We’re looking at a man with a distinguished 30-something-year career, unparalleled and known around the world.… His career and his reputation are trashed and the FBI still hasn’t said what they have on him.” [CNN, 8/2/2008]
bullet Also on August 2, Dr. Kenneth Hedlund, the former chief of bacteriology as USAMRIID, says, “He did not seem to have any particular grudges or idiosyncrasies.… He was the last person you would have suspected to be involved in something like this.” [New York Times, 8/2/2008] Three days later, Hedlund adds, “I think he’s a convenient fall guy. They can say, ‘OK, we found him, case closed, we’re going home. The FBI apparently applied a lot of pressure to all the investigators there, and they found the weakest link.” He also says that Ivins was a bacteriologist and lacked the expertise to convert the anthrax into the deadly form used in the 2001 attacks.
bullet Former colleague Dr. W. Russell Byrne says he believe Ivins was singled out partly because of Ivins’s personal weaknesses. “If they had real evidence on him, why did they not just arrest him?” [Baltimore Sun, 8/5/2008]
bullet On August 4, David Franz, head of USAMRIID in the late 1990s, says, “The scientific community seems to be concerned that the FBI is going to blow smoke at us.” [Los Angeles Times, 8/4/2008]
bullet On August 6, more than 200 of his USAMRIID colleagues attend a memorial for him. Col. John Skvorak, commander of USAMRIID, praises Ivins’s “openness, his candor, his humor and his honesty.” [Wall Street Journal, 8/7/2008]
bullet On August 8, former colleague Gerry Andrews says, “Nothing is unimaginable. But I would definitely say it is doubtful” that Ivins was behind the anthrax attacks. [New York Times, 8/8/2008]
bullet Also on August 8, Melanie Ulrich, a USAMRIID scientist until 2007, says the FBI’s case against Ivins does not add up and their description of him does not match the person she worked with for six years. For instance, she said that shortly after 9/11, an intensive, all-encompassing psychological review was conducted of all USAMRIID employees with access to dangerous biological agents, and it does not make sense that some as supposedly as unstable as Ivins could have remained employed for years of such scrutiny. The FBI claims that an anthrax flask in Ivins’s custody was the “parent” of a certain anthrax strain, but Ulrich says different anthrax samples were genetically identical so any one sample can not be more of a “parent” than any other. The FBI suggests Ivins used a lyophilizer to make powdered anthrax, but Ulrich says Ivins signed out a SpeedVac, but not a lyophilizer, which is too large to fit in the secure protective area Ivins used at the time. Furthermore, a SpeedVac operates slowly and it would have been impossible for Ivins to use it to dry the amount of anthrax used in the letters in the time frame the FBI says he did. [Herald-Mail, 8/8/2008]
bullet On August 9, after the FBI has laid out its evidence against Ivins, Jeffrey Adamovicz, one of Ivins’s supervisors in USAMRIID’s bacteriology division, says, “I’d say the vast majority of people [at Fort Detrick] think he had nothing to do with it.” [Newsweek, 8/9/2008] He also says that the anthrax sent to Sen. Tom Daschle (D-SD) was “so concentrated and so consistent and so clean that I would assert that Bruce could not have done that part.” [McClatchy Newspapers, 8/7/2008]
bullet Former colleague Luann Battersby says Ivins was weird, but “not any weirder than a typical scientist.… He was not the weirdest by far I worked with down there.” She says that he was not a “strong person.… I would say he was milquetoast.… The fact that he was a terrorist doesn’t really square with my opinion with who he was.… I’m amazed at all this. I assume there’s evidence and that it’s true, but I certainly never would have suspected him.” She says she is unsure if he had the technical skills to commit the crime. [Evening Sun, 8/10/2008]

Entity Tags: Bruce Ivins, David Franz, Gerry Andrews, Luann Battersby, John Skvorak, Jeffrey Adamovicz, Melanie Ulrich, Kenneth Hedlund, Norm Covert, W. Russell Byrne

Timeline Tags: 2001 Anthrax Attacks

Pages from two passports seized in the raid. Both show pictures of Fazul but have different names.Pages from two passports seized in the raid. Both show pictures of Fazul but have different names. [Source: East African Standard]An al-Qaeda leader named Fazul Abdullah Mohammed, (a.k.a. Haroun Fazul), narrowly escapes capture in Kenya. The US government claims that Fazul had important roles in the 1998 embassy bombings in Kenya and Tanzania (see 10:35-10:39 a.m., August 7, 1998) and the 2002 hotel bombing in Mombasa, Kenya (see November 28, 2002). Fazul was indicted for the embassy bombings before 9/11, and there is a $5 million reward for him. On August 2, 2008, Kenyan police raid a house in Malindi, a town on Kenya’s coast. Two passports bearing Fazul’s picture but different names are found, as well as his laptop computer. A Kenyan newspaper reports that a local police officer may have tipped off Fazul about the raid minutes before it took place. A half-eaten meal is discovered in the house, and the television is still on, leading police to believe that he ran out of the house just before they arrived. Three Kenyans are arrested and charged with helping to hide him. He reportedly narrowly escaped a US air strike in Somalia in 2007 (see December 24, 2006-January 2007), as well as a police raid in Kenya in 2003. [CNN, 8/4/2008; East African Standard, 8/5/2008] He will be killed in Somalia in 2011 (see June 10, 2011).

Entity Tags: Fazul Abdullah Mohammed

Timeline Tags: Complete 911 Timeline

Ron Paul (R-TX), a US representative and candidate for the Republican nomination for president, gives the keynote address to the John Birch Society (JBS—see March 10, 1961 and December 2011)‘s 50th Anniversary Celebration. [New American, 10/8/2008] The JBS is, according to the Southern Poverty Law Center, a prominent right-wing extremist group that has accused a number of lawmakers, including former President Dwight D. Eisenhower, of being “closet Communists,” and promotes “wild conspiracy theories” such as the “international Jewish” conspiracy to control the global economy and the idea that the World War II Holocaust never happened. The JBS has been a pioneer in what an analysis by Political Research Associates (PRA) will call “the encoding of implicit cultural forms of ethnocentric white racism and Christian nationalist antisemitism rather than relying on the white supremacist biological determinism and open loathing of Jews that had typified the old right prior to WWII.” PRA will note, “Throughout its existence, however, the society has promoted open homophobia and sexism.” [Political Research Associates, 2010; Southern Poverty Law Center, 8/17/2010] The New American, the online magazine of the JBS (though the publication’s Web site downplays its connection to the JBS), will cover Paul’s speech. Paul speaks on the topic, “Restoring the Republic: Lessons From a Presidential Campaign,” where he discusses how America can be “restored” with groups such as the JBS and his own Campaign for Liberty “leading the way.” Paul is introduced by John McManus, the president of the JBS. According to the New American report: “Dr. Paul made evident his affection for the JBS by stating at the outset, ‘I am delighted to help celebrate this birthday.’ And when he moved on to talk about his first successful campaign for Congress in 1976, he said, ‘I’m sure there are people in this room who probably helped me in that campaign, because I know that so many of you have over the years.’ He then described his first press conference at the Capitol Hill Club, during which an antagonist from Houston asked him: ‘Mr. Paul, are you a member of the John Birch Society? Have you ever been a member of the John Birch Society?’ Dr. Paul recalled his response: ‘No, I am not a member of the John Birch Society but many members of the John Birch Society are friends of mine and they have been very helpful in my campaign.’” Paul credits the JBS “for keeping alive the freedom fight through its programs to educate and motivate the American people. He went on to point out that the JBS had planted a lot of seeds over the years and that his presidential campaign was able to tap into the sentiment that sprouted from those efforts.” Paul repeatedly cites what he calls “the remnant,” which he defines as those who remember and respect the values upon which the United States was founded: self-reliance, personal responsibility, limited government, sound money, the gold standard, etc. Paul lauds the JBS for nurturing that “remnant,” adding, “The remnant holds the truth together, both the religious truth and the political truth.” He concludes with an exhortation for the audience to “continue what you have been doing,” and says, “I come with a positive message and congratulations to you for all you have done.” [New American, 10/8/2008] Paul’s newsletters contain a raft of bigoted material (see 1978-1996), though Paul denies writing almost all of his newsletters’ content (see January 16, 2008). In 2007, he readily admitted his support for the John Birch Society (see July 22, 2007).

Entity Tags: Southern Poverty Law Center, Political Research Associates, Ron Paul, John Birch Society, John F. McManus, The New American

Timeline Tags: Domestic Propaganda

The Justice Department formally clears Steven Hatfill of any involvement in the 2001 anthrax attacks (see October 5-November 21, 2001). The department sends a letter to Hatfill’s lawyer, stating: “We have concluded, based on lab access records, witness accounts, and other information, that Dr. Hatfill did not have access to the particular anthrax used in the attacks, and that he was not involved in the anthrax mailings.” [MSNBC, 8/8/2008] Hatfill won $5.8 million from the government in a settlement in June 2008, but the government admitted no wrongdoing and did not make any statement officially clearing him (see June 27, 2008).

Entity Tags: Steven Hatfill, US Department of Justice

Timeline Tags: 2001 Anthrax Attacks

Gerry Andrews, the chief of the bacteriology division at USAMRIID from 1999 to 2003, publishes an editorial in the New York Times. USAMRIID is the US Army’s top biological laboratory, and one of Andrew’s subordinates there was Bruce Ivins, the FBI’s main suspect in the 2001 anthrax attacks (see October 5-November 21, 2001) and also a friend of Andrews. Andrews says that the FBI’s recently revealed case against Ivins is unimpressive and lacks physical evidence. He states that the anthrax contained in a letter to Senator Tom Daschle (D-SD) was “a startlingly refined weapons-grade anthrax spore preparation, the likes of which had never been seen before by personnel at [USAMRIID]. It is extremely improbable that this type of preparation could ever have been produced [there], certainly not of the grade and quality found in that envelope.” Andrews also complains that the FBI has not provided “enough detail about their procedure to enable other scientists to tell whether they could actually single out Dr. Ivins’s spore preparation as the culprit…” [New York Times, 8/9/2008]

Entity Tags: Gerry Andrews, Bruce Ivins, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks

The lawyer for Mohammed Jawad, a young Guantanamo detainee held in US captivity for almost six years (see December 17, 2002) and charged with attempted murder (see October 7, 2007), again attempts to have the charges against his client dismissed (see June 19, 2008). Major David Frakt shows evidence that General Thomas Hartmann, the military commission’s chief legal adviser, had pressured Guantanamo prosecutors to charge his client (see January 13, 2009 and January 18, 2009). Judge Stephen Henley finds that Hartmann had indeed brought undue pressure to prosecute Jawad, and bars Hartmann from any further involvement in the case as Hartmann has demonstrated his inability to stay neutral. Henley also orders a top-level review of the charges against Jawad. [Human Rights First, 9/2008] Henley will throw out the evidence against Jawad, ruling that Jawad’s confession was obtained through torture (see November 22, 2008).

Entity Tags: Mohammed Jawad, Stephen Henley, Thomas Hartmann, David Frakt

Timeline Tags: Torture of US Captives

Pakistani President Pervez Musharraf announces his resignation. Opposition to Musharraf’s rule had been slowly growing, especially since he declared a state of emergency in late 2007 to remain in power (see November 3-December 15, 2007) following a controversial reelection (see October 6, 2007). In early 2008, opposition parties united and won parliamentary elections (see February 18, 2008). The opposition then chose Yousaf Raza Gillani as the new prime minister, and Gillani took away much of Musharraf’s power (see March 22-25, 2008). The opposition parties united again to start impeachment hearings against Musharraf for his state of emergency and other claimed abuses of power. His resignation speech came hours after the opposition finalized its charges against him and prepared to launch an impeachment trial. Musharraf claims he could have defeated the charges, but he wanted to spare the country the conflict caused by the trial. Gillani remains prime minister, and the Speaker of the Pakistani Senate, Muhammad Mian Sumroo, automatically takes over as caretaker president. [BBC, 8/18/2008]

Entity Tags: Muhammad Mian Sumroo, Yousaf Raza Gillani, Pervez Musharraf

Timeline Tags: Complete 911 Timeline, US International Relations, War in Afghanistan

Rush Limbaugh, the nation’s most popular conservative radio talk show host, tells his listeners that Democratic presidential candidate Barack Obama was nominated because “nobody had the guts to stand up and say no to a black guy.” As documented by progressive media watchdog organization Media Matters, Limbaugh, while complaining about “how unqualified Obama is,” says, “I think it really goes back to the fact that nobody had the guts to stand up and say no to a black guy.” Limbaugh continues: “I think this is a classic illustration here where affirmative action has reared its ugly head against them. It’s the reverse of it. They’ve, they’ve ended up nominating and placing at the top of their ticket somebody who’s not qualified, who has not earned it.… It’s perfect affirmative action. And because of all this guilt and the historic nature of things, nobody had the guts to say, well, wait a minute, do we really want to do this?” Limbaugh, in a conversation with a caller, prefaces his comment by saying that “liberals” oppose racism except “when it benefits them… [s]o when, when a precious resource like racism becomes scarce… they will go out and drill for new sources.… You’re exactly right. They understand the principle. They want it for themselves, just not anybody else. Liberals can have two sets of rules: One for the elites, the arrogants and the condescending elites, and the other set of rules for everybody else.… They will exempt themselves from the limiting rules they place on everybody else.” He concludes that Obama’s nomination is “perfect affirmative action. And because of all this guilt and the historic nature of things, nobody had the guts to say, well, wait a minute, do we really want to do this? So they do it and then they start behaving in manners and ways that let us know that they know that they’ve goofed up with the choice. Actually, it’s been somewhat fascinating to watch.” [Media Matters, 8/20/2008; Guardian, 8/24/2008; Der Spiegel (Hamburg), 8/27/2008] Limbaugh and other radio hosts have repeatedly used Obama’s race as a springboard for numerous false and unsupported allegations (see January 24, 2007, February 1, 2008, May 19, 2008, June 2, 2008, June 26, 2008, and August 1, 2008 and After).

Entity Tags: Media Matters, Barack Obama, Rush Limbaugh

Timeline Tags: Domestic Propaganda, 2008 Elections

A photograph of the actual Hawaiian birth certificate of Barack Obama, being held by FactCheck (.org) writer Joe Miller.A photograph of the actual Hawaiian birth certificate of Barack Obama, being held by FactCheck (.org) writer Joe Miller. [Source: FactCheck (.org)]FactCheck (.org), a non-partisan arm of the Annenberg Public Policy Center of the University of Pennsylvania, certifies that its experts have verified that the birth certificate released by Senator Barack Obama (D-IL) is valid (see June 13, 2008). Since the release of the digitally scanned image, a firestorm of controversy (see July 20, 2008) has erupted over the authenticity of the certificate, even after Hawaiian officials verified its validity (see June 27, 2008) and the discovery of a printed birth announcement from a Honolulu newspaper (see July 2008). FactCheck notes that much of the controversy has been sparked by author Jerome Corsi, whose recent book Obamanation makes a host of negative claims against Obama (see August 1, 2008 and After), and who has told a Fox News interviewer that the birth certificate the campaign has is “fake” (see August 15, 2008). FactCheck releases the following statement: “We beg to differ. FactCheck.org staffers have now seen, touched, examined, and photographed the original birth certificate. We conclude that it meets all of the requirements from the State Department for proving US citizenship. Claims that the document lacks a raised seal or a signature are false. We have posted high-resolution photographs of the document as ‘supporting documents’ to this article. Our conclusion: Obama was born in the USA just as he has always said.” The actual certificate is in the hands of Obama campaign officials in Chicago, FactCheck reports, and has the proper seals and signature from Hawaiian registrar Alvin Onaka.
Certificate Meets Requirements for State Department Passport Issuance - FactCheck reports: “The certificate has all the elements the State Department requires for proving citizenship to obtain a US passport: ‘your full name, the full name of your parent(s), date and place of birth, sex, date the birth record was filed, and the seal or other certification of the official custodian of such records.’ The names, date and place of birth, and filing date are all evident on the scanned version, and you can see the seal above” in a photograph reproduced on FactCheck’s Web site.
'Short Form' Certificate - The copy possessed by the Obama campaign is called a “short form birth certificate.” The so-called “long form” is created by the hospital in which a child is born, and includes additional information such as birth weight and parents’ hometowns. The short form is what is provided by Hawaiian officials upon receiving a valid request for a birth certificate: It “is printed by the state and draws from a database with fewer details. The Hawaii Department of Health’s birth record request form does not give the option to request a photocopy of your long-form birth certificate, but their short form has enough information to be acceptable to the State Department.”
Scan Artifacts - The digitally scanned version released by the Obama campaign does indeed show “halos” around the black-text lettering, prompting some to claim that the text may have been copied onto an image of security paper. However, FactCheck writes, “the document itself has no such halos, nor do the close-up photos we took of it. We conclude that the halo seen in the image produced by the campaign is a digital artifact from the scanning process.”
Date Stamp, Blacked-Out Certificate Number - The digital scan also contains an unusual date stamp and a blacked-out certificate number. Campaign spokesperson Shauna Daly explains that the certificate is stamped July 2007 because that is when Hawaiian officials produced it for the presidential campaign. The campaign did not release a copy until mid-2008, leading some to speculate that the date stamp proved the digital scan was a forgery. Of the certificate number, Daly says that the campaign “couldn’t get someone on the phone in Hawaii to tell us whether the number represented some secret information, and we erred on the side of blacking it out. Since then we’ve found out it’s pretty irrelevant for the outside world.” FactCheck writes, “The document we looked at did have a certificate number; it is 151 1961 - 010641.”
'African' Father - Obama’s father, Barack Obama Sr., is listed on the certificate as “African,” sparking claims that Obama is actually of Kenyan citizenship. Kurt Tsue of the Hawaii Department of Health tells FactCheck that the father and mother’s race are told to officials by the parents, and thusly “we accept what the parents self identify themselves to be.” FactCheck writes: “We consider it reasonable to believe that Barack Obama Sr. would have thought of and reported himself as ‘African.’ It’s certainly not the slam dunk some readers have made it out to be.”
Differences in Borders - The “security borders” on the digital scan do indeed look slightly different from other examples of Hawaii birth certificates. Tsue explains: “The borders are generated each time a certified copy is printed. A citation located on the bottom left hand corner of the certificate indicates which date the form was revised.” He also confirms that the information in the short form birth certificate is sufficient to prove citizenship for “all reasonable purposes.” [FactCheck (.org), 8/21/2008]

Entity Tags: Kurt Tsue, Barack Obama, Barack Obama, Sr, Annenberg Public Policy Center, Alvin Onaka, Hawaii Department of Health, Shauna Daly, Jerome Corsi, FactCheck (.org)

Timeline Tags: Domestic Propaganda

Conservative radio host Michael Savage calls the Democratic Party “the minority party,” Democratic presidential candidate Barack Obama is “a minority, a half minority at least,” and both Obama and the Democratic Party are “against the white person.” According to progressive media watchdog organization Media Matters, Savage goes on to say of the Democratic Party, “The membership is made up largely of minority blocs, the Hispanic caucus and the gay caucus—caucuses that are all against the white person.” Savage says that Democrats are “trying to pose as a centrist party, trying to win over the white male voter” and continues: “Now, the white women generally are not as hard-nosed about things as the white male, and so many white women don’t even understand that they’re being duped, and they vote for a Democrat, not knowing that they’re digging their own grave.… But now they’re going after the working-class white male, who is traditionally leery of the Sister Helen Prejeans [an opponent of capital punishment], the gay lobby, the caucuses and the other lobbies that are trying to take away his child’s birthright.” [Media Matters, 8/26/2008]

Entity Tags: Michael Savage, Barack Obama, Helen Prejean, Democratic Party

Timeline Tags: Domestic Propaganda, 2008 Elections

Lieutenant Colonel Darrel Vandeveld, a former Army prosecutor at Guantanamo, resigns his position after becoming increasingly disillusioned and despondent over the treatment of detainees at the facility, many of whom he believes are likely innocent.
A Reluctant Believer in Stories of Abuse - Vandeveld began as an enthusiastic prosecutor. He joined to help avenge the 9/11 attacks, and served for seven years as a military lawyer in Bosnia, Africa, Afghanistan, and Iraq. “All of us fought because we believed that we were protecting America and its ideals,” he will later write. “But my final tour of duty made me question everything we had done.” Vandeveld was a prosecutor for the Office of Military Commissions in Guantanamo from June 2007 through September 2008. He will write, “Warning signs appeared early on, but I ignored them.” He was powerfully impressed when his superior officer, Colonel Morris Davis, resigned rather than agree to pursue politically motivated prosecutions (see October 4, 2007). Vandeveld’s own turning point came when he began working on the prosecution of Mohammed Jawad, who was 16 at the time he was captured (see December 17, 2002). When Vandeveld learned that Jawad claimed to have been horrifically abused while in US custody, as he later recalls: “I accused him of exaggerating and ridiculed his story as ‘idiotic.’ I did not believe that he was a juvenile, and I railed against Jawad’s defense attorney, whom I suspected of being a terrorist sympathizer.” He came to change his mind, eventually filing a declaration in federal court “stating that it is impossible to prepare a fair prosecution against detainees at Guantanamo Bay (see January 13, 2009).… I had concluded that the system of handling evidence is a haphazard farce. I saw this clearly with Jawad.” Vandeveld will write that he has seen evidence proving both Jawad’s age and his stories of being brutalized, including beatings, being thrown down a flight of stairs, and being subjected to an intense program of sleep deprivation (see June 19, 2008): “As a juvenile, Jawad should have been treated with care, held separately from the adult population, and provided educational and other rehabilitation services. Instead, he was placed in isolation and deprived of sleep. More than once he tried to commit suicide, according to detainee records” (see December 2003).
Torturing an Innocent Man - Vandeveld began combing through evidence suggesting that Jawad was innocent, and found that not only had Jawad been duped and drugged by the terrorists who recruited him, the evidence shows that he never carried out the attack against US soldiers of which he stands accused. Vandeveld writes of the difficulties he had in gathering the evidence; military investigators repeatedly kept it from him. “Only after long delays and many, many requests was it finally given to me,” he will later write, “because even after nearly seven years, the military commissions do not have a system in place for discovering exculpatory evidence or providing it to the defense” (see January 20, 2009).
Sinking into Despair - Vandeveld began working towards Jawad’s release to his family in Afghanistan. But Vandeveld’s superiors refused to countenance the idea. Vandeveld will write of his increasing depression and despair, and his inability to discuss his mental anguish with his family or friends due to the classified nature of the case. He finally turned to a Jesuit priest, Father John Dear, whom, he writes, “has written and spoken widely about justice.” He could not give Dear more than an overview of the situation, but Dear’s advice was blunt. “Quit Gitmo,” Dear told him. “The whole world knows it is a farce. Refuse to cooperate with evil, and start your life over.” But Vandeveld was afraid to take Dear’s advice. As he recalls, “I was afraid of losing friends, my job, whatever popularity I enjoyed, and my status as someone who was well thought of in this community.”
Resignation - It was Dear and, ironically, Jawad’s defense lawyer, whom Vandeveld descirbes as “a scorned adversary whose integrity and intelligence transformed him into a trusted friend,” who finally led Vandeveld to make a decision: he resigns. His final appearance before the Guantanamo military commissions was as a witness in Jawad’s defense (see January 13, 2009). “My testimony was a confession of sorts,” he later writes, “an acknowledgment of the error of my own ways as well as a candid admission of the shortcomings of the system that I had so enthusiastically supported.” [Washington Post, 1/18/2009] Vandeveld will write that Guantanamo has become a “stain” on the US’s international reputation (see January 18, 2009). He will also call for Jawad’s release (see January 13, 2009).

Entity Tags: Office of Military Commissions, Darrel Vandeveld, John Dear, Mohammed Jawad

Timeline Tags: Torture of US Captives

Michigan Militia founder 
Norm Olson (left) with Bob Bird at a 2010 meeting of a Second Amendment/Constitutional Task Force rally in Kenai, Alaska.Michigan Militia founder Norm Olson (left) with Bob Bird at a 2010 meeting of a Second Amendment/Constitutional Task Force rally in Kenai, Alaska. [Source: Redoubt Reporter (.com)]Norm Olson, the head of the Alaska Citizens Militia and the co-founder of the Michigan Militia (see April 1994, March 25 - April 1, 1996, and Summer 1996 - June 1997), accepts the nomination of the Alaskan Independence Party (AIP) as its candidate for lieutenant governor. The AIP selects Olson to run with AIP gubernatorial candidate Don Wright. Olson accepts, and sends an email message reading: “I am asking every recipient of this e-mail to get out there and tell people that we are on the verge of a political revolution: Alaska for Alaskans! Nothing more and nothing less. That is my position. If you want political war, we’ll give you a good fight!!!!… I want your vote, yes! But beyond that, I want your pledge and your sovereign vow to support me as I stand against the Federal Government’s long reach into the private lives of REAL ALASKANS. Our ‘Lexington Green’ is coming soon [referring to the Revolutionary War Battle of Lexington]. You must make your decision to take your stand as INDEPENDENT SOVEREIGN ALASKANS or continue to suck on the tit of the federal sow! What’s it going to be?… I’m not playing political games here, folks. I’m saying that together with Don Wright, the AIP candidate for Governor, that I will work to mobilize the ENTIRE ALASKA MILITIA, MADE UP OF ALL ALASKANS, to stand against the rape and pillage of the federal government of this God-Given blessed gift called Alaska.” To a reporter, Olson says: “There’s nothing about the Alaskan Independence Party that I don’t like. It’s just great. And when I was asked to run as their lieutenant governor in the upcoming elections I jumped on the bandwagon and accepted the nomination and threw my hat in the ring, so to speak.” However, Olson withdraws his acceptance within 24 hours. He refuses to say why, but issues a statement saying the decision to withdraw came after he was briefed by his longtime friend and ally, militia co-founder Ray Southwell, of “actions taken in the days prior to the meeting.” Southwell is running as the AIP candidate for an Alaska House seat. According to Olson’s statement, Southwell says, “I’ve known Norm Olson for 25 years and I knew that once he was appraised of the situation or the circumstances leading up to the Friday meeting that he would withdraw his name.” Asked directly what those circumstances were, Southwell tells a reporter: “I can’t really go into a lot of detail, other than I don’t believe the [AIP] voting leadership was fully informed before making a decision on Bill Walker. I don’t do well with politics, and I don’t participate with the political games.” Southwell is referring to Republican Bill Walker, who was denied a slot on the AIP gubernatorial ticket after losing the Republican primary election. AIP officials have indicated in recent days that Wright may step aside for Walker, but that is not now seen as likely. Southwell says he will not go into further detail, reiterating his opposition to becoming involved in “political games.” Olson says he continues to support the AIP: “There were a lot of issues that I would revisit and look at and try to influence. Of course, I’m not a lawmaker in that role [of lieutenant governor], but certainly I’m not quiet, either, and I won’t be. I’ll remain part of the Alaskan Independence Party, it’s just that circumstances would not permit me to go on [as a candidate].” Olson is one of the strongest voices in the AIP for Alaska’s secession from the United States. AIP vice chairman J.R. Myers says he was surprised at the party’s choice of Olson, and says while he respects Olson, he does not support the militia movement and is not a supporter of secession. The AIP is evolving, Myers says, and may be moving away from its far-right, white supremacist, secessionist roots. [Jenny Neyman, 9/8/2010]

Entity Tags: J.R. Myers, Alaska Citizens Militia, Alaskan Independence Party, Michigan Militia, Bill Walker, Ray Southwell, Don Wright, Norman (“Norm”) Olson

Timeline Tags: Domestic Propaganda

The Electronic Frontier Foundation (EFF) files a lawsuit against the National Security Agency (NSA), President Bush, Vice President Dick Cheney, former Attorney General and White House counsel Alberto Gonzales, former Cheney chief of staff David Addington, and other members of the Bush administration. The EFF claims the lawsuit is “on behalf of AT&T customers to stop the illegal unconstitutional and ongoing dragnet surveillance of their communications and communications records.” The EFF is referring to its ongoing lawsuit against AT&T and other telecommunications firms, which it accuses of colluding with the NSA to illegally monitor American citizens’ domestic communications (see December 15, 2005). The case, the EFF writes, “is aimed at ending the NSA’s dragnet surveillance of millions of ordinary Americans and holding accountable the government officials who illegally authorized it.” After January 2009, the newly elected Obama administration will challenge the lawsuit, Jewel v. NSA, on the grounds that to defend itself against the lawsuit, the government would be required to disclose “state secrets” (see Late May, 2006). The government used similar arguments to quash the EFF’s lawsuit against AT&T (see April 28, 2006), arguments which were rejected by a judge (see July 20, 2006). [Electronic Frontier Foundation, 2009] The suit will be dismissed (see January 21, 2010).

Entity Tags: George W. Bush, Alberto R. Gonzales, AT&T, Bush administration (43), David S. Addington, Electronic Frontier Foundation, Obama administration, Richard (“Dick”) Cheney, National Security Agency

Timeline Tags: Civil Liberties

Conservative radio host Rush Limbaugh tells his audience that Democratic presidential candidate Barack Obama is “not black.” As reported by the progressive media watchdog site Media Matters, Limbaugh asks the rhetorical question: “Do you know he has not one shred of African-American blood?… He’s Arab. You know, he’s from Africa. He’s from Arab parts of Africa.… [H]e’s not African-American. The last thing that he is is African-American.” Media Matters documents this claim being advanced as far back as February 14, when blogger Kenneth Lamb wrote that Obama “is actually Arab-American [and] not legally African-American.” Lamb produced no evidence of his claim, but since then, conservative bloggers and some radio hosts have repeated the claim. In reality, Obama’s father was a African from Kenya, in the black part of Africa, and his mother was a Caucasian American. [Media Matters, 9/22/2008]

Entity Tags: Rush Limbaugh, Barack Obama, Media Matters, Kenneth Lamb

Timeline Tags: Domestic Propaganda, 2008 Elections

The FBI attempts to prevent two agents who were involved in a key pre-9/11 failure from talking about it in a television interview. The agents, Doug Miller and Mark Rossini, were on loan to Alec Station, the CIA’s bin Laden unit, before 9/11. They were involved in the deliberate blocking of a cable to the FBI saying that 9/11 hijacker Khalid Almihdhar had a US visa (see 9:30 a.m. - 4:00 p.m. January 5, 2000) and later, under pressure, falsely claimed not to remember anything about it when interviewed by the Justice Department’s inspector general (see (February 12, 2004)). The FBI allowed Miller and Rossini to be interviewed by author James Bamford for a book and they told him they helped block the cable on the orders of a female CIA officer known only as “Michael” and the station’s deputy chief, Tom Wilshire. However, when Bamford wants them to repeat their stories for a PBS documentary he is making, the FBI initially says yes, but then retracts its approval, saying the bureau “doesn’t want to stir up old conflicts with the CIA.” [Congressional Quarterly, 10/1/2008] However, Rossini will actually appear in the documentary, although Miller will not. [PBS, 2/3/2009]

Entity Tags: James Bamford, Mark Rossini, Doug Miller, Central Intelligence Agency, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The US and Britain jointly drop all charges against terror suspect Binyam Mohamed, realizing that Mohamed’s confession to his involvement in a so-called “dirty bomb” plot (see November 4, 2005) is likely the product of torture and not real (see July 21, 2002 -- January 2004). However, his captors refuse to release him from Guantanamo, driving him to try to force the matter by filing a lawsuit (see February 4, 2009) and going on a hunger strike (see February 8, 2009). In late February 2009, Mohamed will be released (see February 22-24, 2009). [Daily Mail, 3/8/2009]

Entity Tags: Binyam Mohamed

Timeline Tags: Torture of US Captives

Christiane Amanpour on “Real Time With Bill Maher” on October 3, 2008.Christiane Amanpour on “Real Time With Bill Maher” on October 3, 2008. [Source: Real Time with Bill Maher]ABC News reporter Christiane Amanpour says that Osama bin Laden is living in a villa in Pakistan, not in a cave. She makes these comments as a guest on HBO’s Real Time With Bill Maher. She says: “I just talked to somebody very knowledgeable… [who] thinks that [bin Laden is] in a villa, a nice comfortable villa… in Pakistan. Not a cave.” After bin Laden’s death in an urban compound in May 2011 (see May 2, 2011), Amanpour will explain that she’d heard the information a short time earlier from a “US intelligence officer who had recently left a top position.” [ABC News, 5/3/2011]

Entity Tags: Christiane Amanpour, Osama bin Laden, US intelligence

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Steven Bradbury, the head of the Justice Department’s Office of Legal Counsel (OLC), officially repudiates an OLC memo from seven years earlier claiming that the president has the unilateral authority to order military strikes or raids within the US (see October 23, 2001). “[C]aution should be exercised before relying in any respect” on the memo, Bradbury writes, and it “should not be treated as authoritative for any purpose.” The 2001 contention that the Fourth Amendment is, for all intents and purposes, irrelevant in the face of presidential authority “does not reflect the current views of this Office,” Bradbury writes. Another portion of that 2001 memo, the contention that the president can set aside First Amendment rights of free speech and freedom of the press (see October 23, 2001), are no longer operative, Bradbury writes. Much of Bradbury’s memo is an attempt to explain and justify the 2001 memo by recalling the period of anxiety and disarray after the 9/11 attacks. [US Department of Justice, 10/6/2008 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file] Yale law professor Jack Balkin will later note that the memo does not repudiate “any of the Bush administration’s specific policies regarding surveillance, detention, and interrogation.” [Jack Balkin, 3/3/2009]

Entity Tags: Office of Legal Counsel (DOJ), US Department of Justice, Bush administration (43), Steven Bradbury, Jack Balkin

Timeline Tags: Civil Liberties

As reported by progressive media watchdog site Media Matters, conservative radio host Chris Baker promotes an Internet video that features a Harlem preacher calling Democratic presidential candidate Barack Obama’s mother “trash.” Baker discusses the video, by the Reverend James David Manning of ATLAH World Missionary Church, on his radio show, and posts the video on his Web site. Baker says of the video: “Oh God, you have to—you have to see this. This guy—I mean, this guy just goes off. And he’s not really wrong, either. That’s the best part, at least, you know—at least, in my hate-filled opinion.” Manning contrasts Obama’s mother, Ann Dunham, with Republican vice presidential candidate Sarah Palin, whose daughter Bristol is carrying a child out of wedlock. Manning says: “The difference between Obama’s mama and Bristol Palin is that Obama’s mama was trash. I mean, she was dirt. She was a bag of trash sitting on the sidewalk waiting there in Honolulu on one of those streets for the garbage truck to come by and pick her up and take her to the dump.… [M]y mama told me back in the ‘50s and the ‘60s, the only kind of white women that would take up with a black man back in the ‘50s and the ‘60s was a trashy white woman. The only kind of white woman that would take up with a black man in the ‘50s and the ‘60s was a sloozy, was a floozy, was a lowlife, snail-eating, white woman. That’s the kind of woman that Obama’s mama was.… Want to talk about Bristol Palin? Let’s talk about that piece of trash called Obama’s mama. Want to talk about Bristol Palin? Let’s talk about that trash that hatched Obama. Yeah.” Obama’s mother, who died in 1995, was a white American, and his father was a black African. [Media Matters, 10/8/2008]

Entity Tags: Bristol Palin, Ann Dunham, Barack Obama, Sarah Palin, Chris Baker, James David Manning, Media Matters

Timeline Tags: Domestic Propaganda, 2008 Elections

As reported by progressive media watchdog Web site Media Matters, conservative radio hosts echo the claim that Democratic presidential candidate Barack Obama has never produced a legitimate birth certificate proving his American citizenship, a claim long since debunked (Obama long ago posted a copy on his Web site—see June 13, 2008—and document experts and the Hawaii Department of Health will confirm its validity—see June 27, 2008, August 21, 2008, October 30, 2008, and July 28, 2009). Rick Roberts tells his audience that Obama’s birth certificate “hasn’t… been produced” and that no one in the Obama campaign has ever provided one for public scrutiny. Chris Baker says there “has never been a real birth certificate presented” by Obama. Michael Savage, taking the story one step further, says that the birth certificate “that was produced is a forgery.” Savage also claims that no one in Hawaii, Obama’s birth state, can find the original certificate: It “does not exist, they can’t find it in the Hawaii government. It’s never been produced. The one that was produced is a forgery.… I will never work for a man who has a birth certificate nobody can find. In other words, if you vote for Obama, you’re insane.” Savage goes on to claim that Obama is actually a Kenyan citizen, like his father, another claim long since disproven (see August 1, 2008 and After), and makes an equally illegitimate claim that Obama was educated in an Indonesian madrassa, or radical Islamist school (see January 22-24, 2008), under the name “Barry Soetoro”; Savage even claims that Obama legally changed his name to “Barry Mohammed Soetoro” in Indonesia. No such name change has ever been documented. [Media Matters, 10/14/2008] Weeks later, Savage will assert, without proof, that Obama will visit Hawaii to address the issue of the birth certificate and cloak the trip by ostensibly visiting his gravely ill grandmother (see November 10, 2008).

Entity Tags: Michael Savage, Media Matters, Barack Obama, Rick Roberts, Chris Baker

Timeline Tags: Domestic Propaganda, 2008 Elections

Alaskan Independence Party logo.Alaskan Independence Party logo. [Source: Alaskan Independence Party]Reporters and authors Max Blumenthal and David Neiwert compile an investigative report for Salon that documents the large, if shadowy, network of far-right militia support that Governor Sarah Palin (R-AK) enjoys. Palin is running for vice president with presidential candidate John McCain (R-AZ). Two of her most powerful supporters are Mark Chryson, the former head of the Alaskan Independence Party (AIP), and Steve Stoll, a far-right activist and member of the John Birch Society (see March 10, 1961 and December 2011) known in his home region of the Mat-Su Valley as “Black Helicopter Steve.” Both Chryson and Stoll are large financial contributors to Palin’s various political campaigns, and, as Blumenthal and Neiwert write, “they played major behind-the-scenes roles in the Palin camp before, during, and after her victory,” referring to her successful campaigns for mayor of Wasilla (see Mid and Late 1996) and, later, Alaska’s governor. Chryson’s AIP fought to eliminate taxes, support what it called “traditional family” values, remove all restraints from gun ownership, and perhaps most controversially, force Alaska to secede from the United States. Still a proud AIP member, Chryson tells the reporters that he still has “enough weaponry to raise a small army in my basement,” but assures the rest of the nation, “We want to go our separate ways, but we are not going to kill you.” Under Chryson’s leadership and on into the present, the AIP works to connect with like-minded secessionist movements from Canada to the Deep South of the US. Chryson is from Wasilla, Palin’s hometown, and during the 1990s his support was critical in making Palin the mayor of Wasilla and later the governor of Alaska. He and Stoll played an equally critical role in shaping her political agenda after her victories. Governor Palin often worked closely with Chryson as he and the AIP worked to successfully advance a wave of anti-tax, pro-gun legislative initiatives, and helped Chryson put through a change in Alaska’s Constitution to better facilitate the formation of anti-government militias. As both mayor and governor, Palin and Chryson worked together to extract revenge against local officials they disliked. Palin often took Chryson and Stoll’s advice on hiring government officials. “Every time I showed up [in Wasilla] her door was open,” Chryson says. “And that policy continued when she became governor.”
Originally Saw Palin as Too Accomodating with Democrats - Chryson first met Palin in the early 1990s, when he was a member of a local libertarian pressure group called SAGE, or Standing Against Government Excess. He met her through SAGE founder Tammy McGraw, who was Palin’s birth coach. Palin was a leader in a pro-sales tax citizens group called WOW, or Watch Over Wasilla, which helped her win a seat on the Wasilla City Council in 1992. Chryson liked her, but considered her too willing to work with council Democrats to be of use to him. Chryson was then jockeying to become head of the AIP, a powerful political party that in 1990 had elected Wally Hickel (AIP-AK) as governor; Palin wanted to be mayor of Wasilla. Chryson and Palin quickly determined that they could help one another. Chryson became leader of the AIP in 1997, and saw Palin as a chance for the AIP to take its message more mainstream. He helped quiet the more racist members and platform planks of the AIP, and reached out to Alaska’s growing Christian-right movement by emphasizing AIP’s commitment to “traditional family” values and its opposition to gay rights. Chryson even succeeded in softening the AIP’s insistence on secession. Chryson is an expert at crafting his political message to appeal to disparate groups, and succeeded in forging alliances with white supremacists, far-right theocrats, neo-Confederates, and more moderate right-wing groups that do not advocate open racism, rebellion, Christian theocracy, or violence. In 1995, Palin’s husband Todd joined the AIP, further cementing Chryson’s increasing support of Palin.
Palin Secured AIP Support for Mayorality - With Stoll, Chryson helped gain Palin the mayorship of Wasilla in the 1996 election, comforted by Palin’s steady move rightward as she continued her tenure on the city council. Palin’s opponent in that election, Republican John Stein, will later say of Chryson and Stoll: “She got support from these guys. I think smart politicians never utter those kind of radical things, but they let other people do it for them. I never recall Sarah saying she supported the militia or taking a public stand like that. But these guys were definitely behind Sarah, thinking she was the more conservative choice.… They worked behind the scenes. I think they had a lot of influence in terms of helping with the back-scatter negative campaigning.” Chryson helped Palin craft a successful campaign based on personal attacks on her opponents, both Stein and her Democratic opponent. Palin characterized Stein as a closet Jew and a sexist, both mischaracterizations, and falsely challenged the legal status of his marriage. Wasilla resident Phil Munger, a close friend of Stein’s, recalls, “I watched that campaign unfold, bringing a level of slime our community hadn’t seen until then.” Chryson helped Palin thwart a local gun-control measure (see June 1997). Chryson and Palin attempted to name Stoll to an empty seat on the Wasilla City Council, but were thwarted by another councilman, Nick Carney, who considered Stoll too “violent” to be a successful council member.
Implementing AIP Agenda as Governor - Chryson recalls helping Governor Palin slash property taxes and block a measure that would have taken money for public programs from the Permanent Fund Dividend, or the oil and gas fund that doles out annual payments to citizens of Alaska. Palin endorsed Chryson’s unsuccessful initiative to move the state legislature from Juneau to Wasilla. She was successful at helping Chryson get pro-militia and gun-rights language into the Alaska Constitution. In 2006, Chryson helped Palin bring Hickel on board as the co-chairman of her gubernatorial campaign; Hickel’s presence meant the implicit endorsement of the AIP for Palin’s candidacy. Hickel later said of his support, “I made her governor.” Hickel now supports Palin’s bid for the vice-presidency, spurred in part by her explicit endorsement of the AIP agenda (see March 2008).
Infiltrating the Mainstream - Chryson has long advocated that AIP members “infiltrate” both Republican and Democratic parties, and points to Palin as a model of successful infiltration. “There’s a lot of talk of her moving up,” AIP vice chairman Dexter Clark says of Palin. “She was a member [of the AIP] when she was mayor of a small town, that was a nonpartisan job. But to get along and to go along she switched to the Republican Party.… She is pretty well sympathetic because of her membership.” It is possible, Blumenthal and Neiwert speculate, that Clark saw Palin as so closely aligned with Chryson and the AIP that he wrongly assumed she was an official member. Chryson understands that as a vice-presidential candidate, Palin has no intention of espousing secessionist or racist views. Indeed, he hopes that her inauguration will represent the beginning of a new and deeper infiltration. “I’ve had my issues but she’s still staying true to her core values,” Chryson says. “Sarah’s friends don’t all agree with her, but do they respect her? Do they respect her ideology and her values? Definitely.” [Salon, 10/10/2008] In the days after this article appears, the McCain-Palin campaign will confirm that Sarah Palin has been a registered Republican since 1982, and claim that she was never a member of AIP. AIP chairperson Lynette Clark will say that her husband Dexter’s recollection of Palin as an official AIP member is mistaken, and reiterate that she and AIP support Palin fully in her bid for the vice presidency. [ABC News, 9/1/2008; Alaskan Independence Party, 9/3/2008]

Entity Tags: Wally Hickel, Watch Over Wasilla, Steve Stoll, Standing Against Government Excess, Sarah Palin, Phil Munger, David Neiwert, Dexter Clark, John Birch Society, John C. Stein, Alaskan Independence Party, Mark Chryson, Nick Carney, Max Blumenthal, Lynette Clark

Timeline Tags: Domestic Propaganda, 2008 Elections

David Neiwert.David Neiwert. [Source: Quotd (.com)]Author and reporter David Neiwert appears on CNN’s Newshour program to discuss a recent article he co-wrote for Salon that revealed details of Governor Sarah Palin’s (R-AK) support from far-right militia and secessionist groups in Alaska (see October 10, 2008). Palin is now running on the Republican presidential ticket with John McCain (R-AZ). CNN interviewer Rick Sanchez is particularly interested in discussing Palin’s connections with the Alaskan Independence Party (AIP), a political third party in Alaska that advocates an array of far-right initiatives, including the secession of Alaska from the United States. Sanchez notes that between 1995 and 2002 Palin’s husband Todd was a member of the AIP, and according to Neiwert’s article Sarah Palin has had her political career shaped by AIP leaders such as Mark Chryson. Neiwert explains the AIP to Sanchez, saying, “Well, what we have known about the AIP for some time is that they were basically the Alaskan contingent and the ‘Patriot Movement,’ which, in the lower 48 states, manifested itself as people who form militias, tax protesters, constitutionalists, and that sort of thing.” Neiwert refuses to directly compare the AIP to the ideology of the far-right militia groups that spawned Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995), as Sanchez asks, but says that McVeigh and the AIP “basically come from the same sort of ideological background.” Neiwert does not consider the AIP a particularly violent group, and calls it “a pretty benign organization,” but affirms that most AIP members “despise” the US government. He notes that Chryson told him and co-author Max Blumenthal that Todd Palin was never particularly active in the AIP, saying, “Basically, he signed up, joined the party, and then was not active at all.” He also confirms that Sarah Palin was most likely not a member of the AIP, but, as Sanchez says, “[S]he does have some ties to either members or its causes.” Palin rose to power in Wasilla, Alaska, through the auspices of the AIP, Neiwert says, both as a city council member and later as mayor (see Mid and Late 1996). Sanchez runs a video clip of Palin’s videotaped address to the AIP convention in 2008 (see March 2008). Sanchez confirms that Palin attended the convention personally in 2006, because, Neiwert says, “she was campaigning there for governor. And the AIP did not have a gubernatorial candidate that year. And its members essentially endorsed Sarah as their party’s standard-bearer.” Neiwert then explains Chryson’s program of “infiltrating” AIP members into positions of power in both Republican and Democratic parties, and notes that the Salon article quoted Chryson as being particularly proud of having “infiltrated” Palin into such a high level of influence. “[T]he AIP has specifically had a program of infiltration aimed at getting members and their sort of camp followers promoting within the other political parties,” he says. “And, obviously, the Republican Party is a lot closer in Alaska to the AIP than the Democratic Party is.” The McCain campaign sends a message to CNN during the Neiwert interview from campaign spokesman Michael Goldfarb that reads: “CNN is furthering a smear with this report, no different than if your network ran a piece questioning Senator [Barack] Obama’s religion. No serious news organization has tried to make this connection. And it is unfortunate that CNN would be the first.” Sanchez notes that CNN has been trying for hours to get the McCain-Palin campaign to prepare a response to the Neiwert interview, which begins after 3:00 p.m. EST. Neiwert notes that the AIP is not a religious organization, saying: “Some of the members are very definitely fundamentalist Christians, but the AIP, itself, is not involved in religious issues, except to the extent that it is involved with the Constitution Party of the United States. This is the larger national umbrella that they organize under. And the Constitution Party is definitely a theocratic party.” [CNN, 10/14/2008] After the interview, Neiwert posts on a liberal blog, Crooks & Liars, that like CNN, he attempted to elicit a response or rejoinder from the McCain-Palin campaign and received no response until the broadcast. Neiwert notes that his interview was not in any way a “smear,” because “[a] smear by definition is untrue. However, everything in our story is fully documented. We’ve even posted the relevant documents here so readers can judge the accuracy of the story for themselves.” He also notes that the interview said nothing about Palin’s faith or religious beliefs, but was strictly “about her conduct as a public official.” He concludes, “If Team McCain wants to convince anyone this is merely a ‘smear,’ they’re going to have to demonstrate some falsity or distortion first.” Neiwert says that some Palin defenders respond with the accusation that he is attempting to find Palin “guilt[y] by association.” He counters: “But ‘guilt by association,’ by definition, involves an entirely irrelevant association.… Palin’s associations with the ‘Patriot’ right, however, are entirely relevant, because they reflect directly on her conduct as a public official and her judgment. They also, I should add, reflect on a deeper level the kind of right-wing populism she’s been indulging in recent weeks.” [Crooks and Liars, 10/14/2008] In the days after this interview appears, the McCain-Palin campaign will confirm that Sarah Palin has been a registered Republican since 1982, and claim that she was never a member of AIP. AIP chairperson Lynette Clark will later say that AIP party officials’ recollection of Palin as an official AIP member is mistaken, and will reiterate that she and AIP support Palin fully in her bid for the vice presidency. [ABC News, 9/1/2008; Alaskan Independence Party, 9/3/2008]

Entity Tags: Mark Chryson, Constitution Party, CNN, Alaskan Independence Party, David Neiwert, Lynette Clark, Sarah Palin, Todd Palin, Rick Sanchez, Michael Goldfarb, Max Blumenthal, John McCain

Timeline Tags: Domestic Propaganda, 2008 Elections

Los Angeles Times columnist James Rainey lambasts CNN for what he calls an attempted “smear” against Republican vice-presidential candidate Sarah Palin (R-AK). Rainey is referring to a segment recently aired on CNN (see October 14, 2008) that interviewed author and columnist David Neiwert, who recently co-wrote an article about Palin’s connections to the far-right, secessionist Alaskan Independence Party (AIP—see October 10, 2008). Palin has already demanded that the McCain-Palin campaign issue a statement repudiating the CNN segment, a decision the campaign did not acquiesce to (see October 15, 2008); it is unclear whether Rainey had any knowledge of Palin’s demand, though McCain campaign spokesman Michael Goldfarb sent a message to CNN calling the segment “a smear” that was aired during the segment itself. Rainey writes that the Neiwert interview was little more than “a reheated, overwrought, and misleading story that seemed designed to yoke Sarah Palin and her husband to the most extreme secessionists in Alaska.” He acknowledges that Palin’s husband Todd Palin once belonged to the AIP, and writes, “[H]is wife, the governor and now Republican vice presidential nominee, has been friendly with some of its members.” (The article by Neiwert and co-author Max Blumenthal goes into significant detail about how AIP leaders such as Mark Chryson have steered Palin’s rise to power from her days as a Wasilla city council member.) Rainey accurately notes that neither Neiwert, Blumenthal, nor CNN have shown that Palin has echoed the AIP’s central platform call for Alaska’s secession from the United States. He calls Alaskan politics “eccentric,” and says that in Alaska, the AIP “is not so far out on the fringe. An AIP member won the governorship in 1990. And party members have been in the thick of the state’s public life for decades. Members run the gamut from states-rights enthusiasts to radical secessionists who have advocated extreme measures to free Alaska from the United States.” Rainey criticizes CNN interviewer Rick Sanchez for “front-loading” his segment with “outrageous pronouncements from AIP founder Joe Vogler, now deceased,” including Voger’s famous pronoucement: “The fires of hell are frozen glaciers compared to my hatred for the American government. And I won’t be buried under their damn flag.” Rainey draws a comparison to Democratic candidate Barack Obama (D-IL)‘s “old pastor, the Rev. Jeremiah A. Wright Jr.,” then writes, “[T]o my knowledge, no direct connection between Vogler and Gov. Palin has been reported.” [Los Angeles Times, 10/15/2008] In a rejoinder published on the liberal news blog Crooks and Liars, Neiwert notes that in the CNN interview, he was careful not to associate Palin directly with far-right radicals such as Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995), as Sanchez attempted to do, and notes, “Part of covering and writing about the Patriot movement involved listening and watching carefully to distinguish them, because to some extent, you had to give the mainstream conservatives the benefit of the doubt when it came to their actual intent in getting involved with these groups.” However, Neiwert goes on to say, the connections between Palin and the AIP are quite strong and well detailed. He also notes that AIP vice chairman Dexter Clark said flatly in 2007 that Palin “was an AIP member before she got the job as a mayor of a small town (see Mid and Late 1996)—that was a non-partisan job. But you get along to go along—she eventually joined the Republican Party, where she had all kinds of problems with their ethics, and well, I won’t go into that. She also had about an 80 percent approval rating, and is pretty well sympathetic to her former membership.” He also notes that Clark later disavowed his claim of Palin’s membership in the AIP. However, Neiwert writes, “it’s clear that Clark and many others within the AIP viewed Palin as ‘one of ours.’ And as we have demonstrated, they did so with good cause.” He concludes that it is a “cold reality that Palin has a real history of empowering these extremists, and pandering to their conspiratorial beliefs, from her position of public office. And the question is whether that would continue from a position of real power in the White House.” [Crooks and Liars, 10/15/2008]

Entity Tags: Mark Chryson, David Neiwert, CNN, Alaskan Independence Party, Dexter Clark, Joe Vogler, Michael Goldfarb, Rick Sanchez, Max Blumenthal, Sarah Palin, James Rainey

Timeline Tags: Domestic Propaganda, 2008 Elections

The Electronic Frontier Foundation (EFF) files a lawsuit challenging the constitutionality of the recently passed amendment to the Foreign Intelligence Surveillance Act (FISA—see July 10, 2008). The EFF is particularly concerned with the portion of the legislation that grants retroactive immunity from prosecution to telecommunications firms that worked with government agencies to illegally conduct electronic surveillance against American citizens (see December 15, 2005). The FISA Amendments Act of 2008, or FAA, violates the Constitution’s separation of powers, according to the EFF, and, the organization writes, “robs innocent telecom customers of their rights without due process of law.” The lawsuit was triggered by Attorney General Michael Mukasey’s recent submission of a classified certification in another EFF lawsuit about illegal electronic certification (see January 31, 2006) that claimed the electronic surveillance conducted on behalf of the National Security Agency by AT&T did not happen. EFF senior attorney Kevin Bankston says: “The immunity law puts the fox in charge of the hen house, letting the attorney general decide whether or not telecoms like AT&T can be sued for participating in the government’s illegal warrantless surveillance. In our constitutional system, it is the judiciary’s role as a co-equal branch of government to determine the scope of the surveillance and rule on whether it is legal, not the executive’s. The attorney general should not be allowed to unconstitutionally play judge and jury in these cases, which affect the privacy of millions of Americans.” Mukasey’s certification claimed the government has no “content-dragnet” program that surveills millions of domestic communications, though it does not deny having acquired such communications. EFF has provided the court with thousands of pages of documents proving the falsity of Mukasey’s assertions, the organization writes. EFF attorney Kurt Opsahl says: “We have overwhelming record evidence that the domestic spying program is operating far outside the bounds of the law. Intelligence agencies, telecoms, and the administration want to sweep this case under the rug, but the Constitution won’t permit it.” EFF spokesperson Rebecca Jeschke tells a reporter that the FAA “violates the federal government’s separation of powers and violates the Constitution. We want to make sure this unconstitutional law does not deny telecom customers their day in court. They have legitimate privacy claims that should be heard by a judge. Extensive evidence proves the existence of a massive illegal surveillance program affecting millions of ordinary Americans. The telecoms broke the law and took part in this. The FISA Amendments Act and its immunity provisions were an attempt to sweep these lawsuits under the rug, but it’s simply unconstitutional.” EFF lawyers fear the FAA will render their lawsuit invalid. [Electronic Frontier Foundation, 10/17/2008; Salon, 10/17/2008] The EFF has filed a related lawsuit against the NSA and senior members of the Bush administration (see September 18, 2008).

Entity Tags: Foreign Intelligence Surveillance Act, Electronic Frontier Foundation, AT&T, FISA Amendments Act of 2008, Kevin Bankston, Kurt Opsahl, National Security Agency, Michael Mukasey, Rebecca Jeschke

Timeline Tags: Civil Liberties

Rose Tennent and Jim Quinn.Rose Tennent and Jim Quinn. [Source: OrbitCast]As reported by progressive media watchdog site Media Matters, conservative radio host Rose Tennent, on her nationally syndicated talk show Quinn & Rose, says that former Secretary of State Colin Powell endorsed Democratic presidential candidate Barack Obama “because he doesn’t want to be known as an Uncle Tom anymore. He wants to be black again.” Co-host Jim Quinn says of Powell: “He’s tired of being called an Oreo.… [R]emember, when he was in the Bush administration, he was a white guy.” Tennent responds: “Blacks hated him. They—‘Oh, he doesn’t count. It doesn’t count that you have someone black in the administration. He’s not really black, he’s an Uncle Tom.’” Tennent says that Powell’s endorsement of Obama “is racism.” [Media Matters, 10/20/2008]

Entity Tags: Rose Tennent, Barack Obama, Jim Quinn, Bush administration (43), Media Matters, Colin Powell

Timeline Tags: Domestic Propaganda, 2008 Elections

Philip J. Berg.Philip J. Berg. [Source: Qui Non Negat, Fatetur (.com)]Attorney Philip J. Berg, whose lawsuit challenging Senator Barack Obama (D-IL)‘s citizenship was thrown out of a Pennsylvania court (see August 21-24, 2008), claims that because Obama never personally responded to his lawsuit, Obama is thusly “admitt[ing]” to the lawsuit’s allegations. Berg charged that Obama was not born in the United States (see June 13, 2008, June 27, 2008, and August 21, 2008), but in Mombasa, Kenya. Berg cites Rule 36 of the Federal Rules of Civil Procedure, which states that unless the accused party provides a written answer or objection to charges within 30 days, the accused legally admits the matter. Obama, through his campaign lawyers, filed motions to dismiss the lawsuit and did not directly answer the charges in it. Therefore, Berg says Obama has legally admitted he is not a natural-born citizen. Berg is asking the court to formally declare Obama’s admission and for the Democratic National Committee (DNC) to name someone else as its presidential candidate. To a reporter with the conservative news blog WorldNetDaily, Berg says: “Obama and the DNC ‘admitted,’ by way of failure to timely respond to requests for admissions, all of the numerous specific requests in the federal lawsuit. Obama is ‘not qualified’ to be president and therefore Obama must immediately withdraw his candidacy for president and the DNC shall substitute a qualified candidate.” Obama’s campaign has said that lawsuits such as Berg’s (see March 14 - July 24, 2008, August 21-24, 2008, October 9-28, 2008, October 17-22, 2008, October 21, 2008, October 31 - November 3, 2008, October 24, 2008, October 31, 2008 and After, November 12, 2008 and After, November 13, 2008, and Around November 26, 2008), are not actually about Obama’s birth certificate, but instead are “about manipulating people into thinking Barack is not an American citizen.” Obama’s campaign has issued a number of documents and assertions that prove Obama’s citizenship, as have several non-partisan fact-checking organizations. Berg has offered to drop his lawsuit if Obama will prove his citizenship to Berg’s satisfaction. Berg tells a conservative blogger: “It all comes down to the fact that there’s nothing from the other side. The admissions are there. By not filing the answers or objections, the defense has admitted everything. He admits he was born in Kenya. He admits he was adopted in Indonesia. He admits that the documentation posted online is a phony. And he admits that he is constitutionally ineligible to serve as president of the United States.” [WorldNetDaily, 10/21/2008] Joseph Sandler, a lawyer who filed one of the motions to dismiss on behalf of Obama, says Berg’s contention is erroneous. He goes on to explain why claims like these are never challenged or explained by defending lawyers: “When you file a motion to dismiss, to try to get the case thrown out before any factual inquiry is made, the facts that the plaintiffs put into their complaint are assumed to be true. You have to show that even if the facts were true, they don’t have a case.” [Washington Independent, 7/24/2009]

Entity Tags: WorldNetDaily, Democratic National Committee, Barack Obama, Joseph Sandler, Philip J. Berg

Timeline Tags: Domestic Propaganda, 2008 Elections

A photograph of Ashley Todd, with a backwards ‘B’ scratched into her face. Todd claims an Obama supporter beat her and scratched the letter into her face.A photograph of Ashley Todd, with a backwards ‘B’ scratched into her face. Todd claims an Obama supporter beat her and scratched the letter into her face. [Source: Dan Garcia / Hollywood Grind]Twenty-year-old Ashley Todd, a volunteer for the presidential campaign of John McCain (R-AZ), tells Pittsburgh police she was attacked, beaten, and robbed by an African-American male who claimed to be a Barack Obama (D-IL) supporter. According to Todd, the man accosted her at a Citizens Bank ATM in Bloomfield, Pennsylvania. He was brandishing a knife, Todd claims. Todd gave him $60. When the man saw a bumper sticker on her car supporting McCain, she says, he punched her in the back of the head, knocked her down, and beat her, saying, “You are going to be a Barack supporter.” He then pinned her down and used the knife to scratch a “B” (for Barack) into her right cheek; she attempted to fight back, but he said he was going “to teach her a lesson for being a McCain supporter” before actually cutting her. He then fled, Todd says. Todd’s left eye is also bruised. The attack happened around 8:50 p.m.; Todd calls the police around 9:30 p.m., after the attack. She initially refuses medical attention. The next day, however, she will receive a full checkup at a local hospital, including an MRI. Todd says she is not a member of the McCain campaign, but went to Washington, DC, in June for training with the College Republicans. She posted pro-McCain and anti-Obama comments on Twitter in the hours preceding the attack, the last one coming just minutes before she alleges she was accosted. She describes her alleged assailant as a dark-skinned black man, 6 feet 4 inches tall, 200 pounds with a medium build, short black hair and brown eyes, wearing dark-colored jeans, a black undershirt, and black shoes. She emphasizes that her assailant is an Obama supporter. Within hours of the alleged attack, Todd posts comments on Twitter about it, along with allegations that she was targeted deliberately by members of the local Obama campaign and exhortations to support McCain in the upcoming elections (see October 23-24, 2008). The Hollywood Grind, reporting on the incident, observes: “Despite the information we’ve gathered above, there are three things that make us skeptical. First, Ashley is a hardcore McCain supporter, as evidenced by her Twitter updates… that show her posting Twitter updates right up until the alleged attack, then the last post three hours after the attack. Second, she initially refused medical attention, but finally got it the next morning. Third, the ‘B’ scratched on her face is backwards, making it look like it was done in a mirror.” [Associated Press, 10/23/2008; Hollywood Grind, 10/23/2008; Fox News, 10/24/2008; London Times, 10/25/2008] Todd acts suspiciously almost from the moment the police respond to her complaint. She goes to the house of a friend and fellow College Republican, Dan Garcia, a University of Pittsburgh law student. After being told of the alleged attack, Garcia treats her wounds and contacts the police. When an officer arrives at Garcia’s house, Todd becomes belligerent when asked where the attack took place. “I don’t know!” she shouts, using an expletive. “I’m not from here.” Todd, Garcia, and the officer then drive through Bloomfield, the town where Todd alleges the attack occurred, until they arrive at the Citizens Bank on Liberty Avenue. Todd then tells the officer that the Citizens Bank ATM is where she was attacked. She refuses medical attention offered by the officer, and instead leaves with Garcia to go eat at a diner, apparently making some of her Twitter posts during her time at the diner. It is during this time that Garcia takes the photograph of Todd with the scratched “B” on her face. Garcia then persuades her to go to a nearby hospital. [Pittsburgh Post-Gazette, 10/24/2008] The next day, Todd will admit to lying about the incident, and will admit to inflicting the “B” on herself (see October 24, 2008). It is unclear how much of her story as reported in the press comes from Todd, and how much of it is embellished by a McCain campaign operative (see October 23-24, 2008).

Entity Tags: John McCain, Ashley Todd, Dan Garcia, Hollywood Grind

Timeline Tags: Domestic Propaganda, 2008 Elections

Screenshot of Pamela Geller during an appearance on Fox News.Screenshot of Pamela Geller during an appearance on Fox News. [Source: Conservative News Watch (.org)]Pamela Geller, who owns the far-right blog Atlas Shrugs, posts a long, intricate screed from Rudy Schulz that claims President Obama could not have been born in Hawaii, because his mother Stanley Ann Dunham was attending classes at the University of Washington at the time. Schulz also states his belief, supported by a large amount of supposition and exposition but no real facts, that Obama forged his Hawaiian birth certificate to hide his true father: slain civil rights leader Malcolm X. The claim that Dunham was attending classes in Washington State at the time of his birth was first promoted on conservative news blog WorldNetDaily by author Jerome Corsi (see August 1, 2008 and After, August 15, 2008, October 8, 2008, and October 9, 2008), who stated, “How Dunham was able to travel the 2,680 air miles from Honolulu to Seattle only a few days after the birth of her baby is not disclosed in the currently available public record concerning President Obama’s birth.” [Pamela Geller, 10/24/2008; WorldNetDaily, 8/4/2009] Evidence that Dunham registered for classes at the University of Washington in mid-August 1961, but actually arrived in Washington to begin her coursework in September 1961, with infant Barack in tow, is ignored by Corsi, Schulz, and Geller. [Seattle Times, 2/5/2008] After Geller receives a barrage of criticism and mockery over the “Malcolm X” claim, she updates the original blog post to read: “The ‘Atlas says that Barack Obama is Malcolm X’s love child’ charge has gone viral among leftards and lizards. The only problem with it is that it is false. I am not the author of this post, and I posted it because the writer did a spectacular job documenting Obama’s many connections with the far left. The Malcolm X claim is one minor part of this story, and was of interest to me principally as part of the writer’s documentation that Stanley Ann Dunham could not have been where the Obama camp says she was at various times. I do not believe that Barack Obama is Malcolm X’s love child, and never did—but there remain many, many unanswered questions about his early life and upbringing.” [Pamela Geller, 10/24/2008]

Entity Tags: Pamela Geller, Ann Dunham, Barack Obama, Malcolm X, Rudy Schulz, Jerome Corsi

Timeline Tags: Domestic Propaganda

As reported by progressive media watchdog site Media Matters, many different conservative radio hosts repeat a falsehood about presidential candidate Barack Obama (D-IL) that originates on the Drudge Report. According to the original report, Obama told a radio audience in 2001 that he regretted the US Supreme Court did not pursue “wealth redistribution,” a concept some associate with socialism. Obama did not make such a statement; instead he said during that interview that it was a tragedy the civil rights movement “became so court-focused” in trying to bring about political and social equality. Minneapolis radio host Chris Baker misquotes Obama by claiming that he said “we gotta have economic justice and the Supreme Court ought to weigh in on redistributing wealth.” Baker adds: “Yeah, it’s too bad you kind of stuck with the Constitution as it was. It’s a tragedy that redistribution of wealth was not pursued by the Supreme Court. Can you believe that?” Baker also claims that Obama “wants to use the Supreme Court to reinterpret the Constitution in order to force the redistribution of wealth.” Baker is not the only radio host to repeat the falsehood. Sean Hannity tells his radio audience, referring to the 2001 interview, “Obama actually believes the Constitution is defective because it doesn’t allow judges to redistribute wealth.” He adds: “if he becomes president, [Obama] wants the Supreme Court and other federal courts to literally have the power to spread the wealth around and redistribute the wealth. Those are his words, his voice.” He goes on to say flatly, “Obama is a socialist.” Mark Levin tells his listeners, “what the [Supreme] Court should have done from Obama’s point of view was impose socialism from the bench.” Levin levels another false accusation against Obama: that he wants to reinterpret the 14th Amendment “to compel as a matter of constitutional law, the socialist agenda. In other words, constitutionalize redistribution of wealth.” Radio hosts Michael Savage, Jim Quinn, Brian Sussman, and others reiterate the claims, with Quinn telling listeners: “He just got done telling you that the Constitution’s only half-done. He needs to write the other half—you know, the other half where we decide how much we take from you and give to that guy down the street.” Like many of his colleagues, Sussman plays an edited clip of Obama’s 2001 statement to bolster his claims. [Media Matters, 10/28/2008; Media Matters, 11/6/2008]

Entity Tags: Media Matters, Brian Sussman, Barack Obama, Chris Baker, Michael Savage, Jim Quinn, Sean Hannity, US Supreme Court, Mark Levin

Timeline Tags: Domestic Propaganda, 2008 Elections

As reported by progressive media watchdog site Media Matters, conservative radio host Bill Cunningham, discussing Democratic presidential candidate Barack Obama’s parentage, says of Obama’s father: “[I]magine at the age of one or two seeing your father for the last time. See, his father was a typical black father who, right after the birth, left the baby. That’s what black fathers do. They simply leave.” Cunningham then calls Obama’s mother “a Communist” who married “a radical Muslim,” who he refers to as “Barry Soetoro,” and then “rejected” her son at age 10, resulting in Obama’s being sent to Hawaii to live with his grandparents. [Media Matters, 10/30/2008] However, the name of Obama’s stepfather is Lolo Soetoro, not Barry Soetoro. In addition, he is said not to have been a devout Muslim. For example, according to the New York Times, he was “a nominal Muslim who hung prayer beads over his bed but enjoyed bacon, which Islam forbids.” [New York Times, 4/30/2007]

Entity Tags: Bill Cunningham, Barack Obama, Lolo Soetoro, Media Matters

Timeline Tags: Domestic Propaganda, 2008 Elections

Hawaii’s Director of Health Dr. Chiyome Fukino says she and the registrar of vital statistics, Alvin Onaka, have personally verified that the Hawaii Department of Health holds Senator Barack Obama (D-IL)‘s original birth certificate (see June 13, 2008, June 27, 2008, July 2008, and August 21, 2008). Fukino says that she has “personally seen and verified that the Department of Health has Senator Obama’s original birth certificate on record in accordance with state policies and procedures.” Fukino and Onaka thereby verify that Obama is, indeed, an American citizen. Fukino releases the statement in an attempt to stem the tide of conspiracy theories that assert Obama is not a US citizen—“birtherism”—and therefore cannot be eligible to be president. Fukino adds that no state official, including Governor Linda Lingle (R-HI), ever issued instructions that Obama’s certificate be handled differently. Hawaii state law prohibits the release of the so-called “long form” birth certificate to anyone who does not have a tangible interest; state law says that the “short form” the state releases to its citizens, and that Obama has long ago made public (see June 13, 2008), is legal and valid in and of itself. State courts in Ohio, Pennsylvania (see August 21-24, 2008), and Washington State have recently dismissed court challenges to Obama’s citizenship. [FactCheck (.org), 8/21/2008; Associated Press, 10/31/2008] Fukino tells a Honolulu reporter: “This has gotten ridiculous (see July 20, 2008). There are plenty of other, important things to focus on, like the economy, taxes, energy.” Asked if this “[w]ill be enough to quiet the doubters,” Fukino responds: “I hope so. We need to get some work done.” [FactCheck (.org), 8/21/2008]

Entity Tags: Chiyome Fukino, Linda Lingle, Alvin Onaka, Hawaii Department of Health, Barack Obama

Timeline Tags: Domestic Propaganda

A US District Court orders the Justice Department to turn over ten documents from the Justice Department’s Office of Legal Counsel to determine whether they should be released under the Freedom of Information Act. The Electronic Privacy Information Center (EPIC) and the American Civil Liberties Union (ACLU) say the documents may hold information that would shed light on the legal reasoning behind the Bush administration’s “Stellar Wind” warrantless wiretapping program (see Spring 2004 and December 15, 2005). EPIC and the ACLU seek the release of 30 documents from the OLC; Judge Henry Kennedy has ordered that 10 be turned over to him for further examination and 20 others remain classified because of national security considerations. Seven of those documents are about the government’s “Terrorist Surveillance Program” (TSP—apparently the same program as, or an element of, Stellar Wind), 12 are FBI documents detailing how TSP had assisted the Bureau in counterterrorism investigations, and one is an OLC memo covered under an exemption for “presidential communications”—presumably a memo written either by, or for, President Bush. [Ars Technica, 11/2/2008]

Entity Tags: Henry H. Kennedy Jr., Electronic Privacy Information Center, Bush administration (43), US Department of Justice, American Civil Liberties Union, Freedom of Information Act, Office of Legal Counsel (DOJ), Terrorist Surveillance Program, ’Stellar Wind’

Timeline Tags: Civil Liberties

Libertarian Representative Ron Paul (R-TX—see 1978-1996, July 9-10, 2006, July 22, 2007, and August 4, 2008) gives an interview to radio host Alex Jones in which he accuses President-elect Barack Obama of working to undermine the US government in favor of a “new world order” (see September 11, 1990), a UN-led “one-world government.” Paul says that he believes the incoming Obama administration is orchestrating some sort of “international crisis” that will give Obama the chance to begin implementing his sinister plan: “I think it’s going to be an announcement of a new monetary order, and they’ll probably make it sound very limited, they’re not going to say this is world government, even though it is if you control the world’s money and you control the military, which they do indirectly.… A world central bank, worldwide regulation and world control of the whole system, of all the commodities and all the natural resources, what else can you call it other than world government?… Obama wouldn’t be there if he didn’t toe the line.… [T]his could be the beginning of the end of what’s left of our national sovereignty.” Paul says that many non-US media outlets are already hailing Obama as “the world’s leader.” [Crooks and Liars, 11/17/2008]

Entity Tags: Alex Jones, Ron Paul, Obama administration

Timeline Tags: Domestic Propaganda

As reported by progressive media watchdog site Media Matters, conservative radio host Michael Savage tells his audience that President-elect Barack Obama’s grandmother “suspiciously died virtually the night before the election,” in an apparent attempt to question Obama’s pre-election trip to Hawaii. Obama visited his grandmother in late October, shortly before her death on November 3. Savage ties in his questions about Obama’s grandmother and her “suspicious death” to discredited claims that Obama has been unable to verify his US citizenship. Savage tells his listeners: “Well, we don’t even know where Obama was born. His grandmother died the night before the election. There’s a lot of questions around this character that the media won’t answer. Let’s start with what country he’s from. Why was the birth certificate never produced? Why in the world did he take time off from the campaign to visit the grandmother who then suddenly and suspiciously died virtually the night before the election? Tell me about that.” Savage and other conservative commentators have suggested that Obama went to Hawaii, not to visit his gravely ill grandmother, but to address charges that his birth certificate is not valid. [Media Matters, 11/14/2008] Savage is one of a number of conservative radio hosts to spread false rumors about Obama’s birth certificate (see October 8-10, 2008). Obama produced a copy of his birth certificate months before (see June 13, 2008). A number of organizations have verified that Obama’s birth certificate is valid and authentic (see June 27, 2008 and August 21, 2008), as have Hawaii Health Department officials (see October 30, 2008). [St. Petersburg Times, 6/27/2008; WorldNetDaily, 8/23/2008; FactCheck (.org), 11/1/2008] According to Talkers Magazine, Savage is third in talk-radio listenership across the US, behind fellow conservatives Rush Limbaugh and Sean Hannity. [Media Matters, 11/14/2008]

Entity Tags: WorldNetDaily, Talkers Magazine, Media Matters, Michael Savage, Rush Limbaugh, Barack Obama, FactCheck (.org), Sean Hannity

Timeline Tags: Domestic Propaganda, 2008 Elections

Alan Keyes.Alan Keyes. [Source: WorldNetDaily (.com)]Alan Keyes (R-IL), the unsuccessful presidential candidate who ran under the American Independent Party banner, files a petition, Keyes v. Bowen, with the Superior Court of California in Sacramento. The action is filed by Gary Kreep of the United States Justice Foundation on behalf of Keyes, along with well-known “birther” lawyer Orly Taitz. Two California electors, Wiley S. Drake and Markham Robinson, are also named with Keyes in the action. Keyes’s “Petition for Writ of Mandate” claims that President-elect Barack Obama (D-IL)‘s US citizenship is unproven (see (see June 13, 2008, June 27, 2008, July 2008, August 21, 2008, and October 30, 2008) and therefore he must be stopped from taking office until it is proven one way or the other. “Should Senator Obama be discovered, after he takes office, to be ineligible for the Office of President of the United States of America and, thereby, his election declared void,” the petition states, “Petitioners, as well as other Americans, will suffer irreparable harm in that (a) usurper will be sitting as the President of the United States, and none of the treaties, laws, or executive orders signed by him will be valid or legal.” The petition requests that Secretary of State Debra Bowen be prevented “from both certifying to the governor the names of the California Electors, and from transmitting to each presidential Elector a Certificate of Election, until such documentary proof is produced and verified showing that Senator Obama is a ‘natural born’ citizen of the United States and does not hold citizenship of Indonesia, Kenya, or Great Britain.” It continues with a request for a writ barring California’s electors from signing the Certificate of Vote until documentary proof is produced. The defendants include Bowen, Obama, Vice President-elect Joseph Biden (D-DE), and the 55 California electors. The petition uses a fraudulently edited audiotape (see October 16, 2008 and After) as primary evidence that Obama was born in Kenya and is therefore ineligible to be president. Referring to the tape’s transcript, and a previously dismissed lawsuit by Philip Berg (see August 21-24, 2008) currently using the same audiotape to justify an appellate reversal, Keyes writes, “Mr. Berg provided documents [to the Supreme Court] to the effect that Senator Obama was born in what is now Kenya… and that his paternal grandmother was present at his birth.” The petition states as a “fact” that Obama’s paternal grandmother stated that “she was present during [his] birth… [she] affirmed that she ‘was in the delivery room in Kenya when he was born Aug. 4, 1961.’” The suit asks that the court issue an immediate injunction prohibiting California’s 55 electors from voting for Obama in the upcoming Electoral College vote on December 15, 2008, which would prevent Obama from being officially declared president. Keyes’s writ asks that documentary proof be received and verified by the California secretary of state that the allegations are false and that Obama is affirmatively proven to be a “natural born citizen” by a series of tests not required of any previous president-elect. Investigative blogger Greg Doudna will speculate that Keyes’s extraordinary actions have been sparked in part because he has now been twice defeated by Obama in elections; Obama defeated him in an Illinois election for US Senate in 2004. [Keyes et al v. Bowie et al, 11/13/2008 pdf file; WorldNetDaily, 11/14/2008; Sacramento Union, 11/15/2008; Greg Doudna, 12/9/2008 pdf file] After filing the lawsuit, Keyes tells a reporter: “I and others are concerned that this issue be properly investigated and decided before Senator Obama takes office. Otherwise there will be a serious doubt as to the legitimacy of his tenure. This doubt would also affect the respect people have for the Constitution as the supreme law of the land. I hope the issue can be quickly clarified so that the new president can take office under no shadow of doubt. This will be good for him and for the nation.” [Sacramento Union, 11/15/2008]
'Pure Garbage' - An Obama spokesperson tells WorldNetDaily: “All I can tell you is that it [the petition] is just pure garbage. There have been several lawsuits, but they have been dismissed.” [WorldNetDaily, 11/13/2008]
Affidavit from Phony 'Computer Graphics Expert' - Self-described “computer graphics expert” “Dr. Ron Polarik,” a conservative blogger, records a video (that blurs his face and disguises his voice) explaining how the actual Obama birth certificate was forged using Photoshop. Polarik submits an affidavit in support of the filing, but because he signs it “XXXXXXXXXXX,” the affidavit is inadmissible. Kreep later tells a reporter, “If it ever comes down to it, we’ll use his real name.” [Washington Independent, 7/24/2009] The Berg lawsuit also used material supplied by Polarik. Computer forensics expert Dr. Neal Krawetz later determines that Polarik’s analysis is a clumsy fraud perpetuated by an amateur with no real expertise. [Neal Krawetz, 11/25/2008; Washington Independent, 7/24/2009; Hacker Factor, 2011] Libertarian lawyer Loren Collins later traces a timeline of what he will call Polarik’s “ever-changing resume,” and questions Polarik’s claims to his several doctorates and areas of expertise. [Loren Collins, 7/7/2009] Collins later discovers that “Polarik” is actually a man named Ronald Jay Polland, who holds a doctorate in instructional systems, has experience conducting surveys and statistical reports, operates a one-man consulting firm in Florida, and describes himself on his MySpace page as an “[e]xpert advisor on relationships, romance, and… dating.” Polland’s resume, unlike “Polarik’s,” claims no expertise in document forensics, computing systems, or graphics. [Loren Collins, 7/29/2009] Krawetz will learn that Polland claimed to use a pseudonym on the Internet because “he fears threats from Obama supporters.” [Neal Krawetz, 11/25/2008]

Entity Tags: Debra Bowen, Loren Collins, Gary Kreep, Greg Doudna, Joseph Biden, Markham Robinson, Neal Krawetz, Barack Obama, Wiley S. Drake, Alan Keyes, Philip J. Berg, Orly Taitz, US Electoral College, United States Justice Foundation, Ronald Jay Polland

Timeline Tags: Domestic Propaganda, 2008 Elections

Conservative radio host and convicted felon G. Gordon Liddy (see March 23, 1974) advises his listeners not to register their firearms. (Failure to register a firearm is a crime.) Liddy makes the suggestion because he believes the Obama administration intends to take away citizens’ guns, and if the guns are not registered, government and law enforcement officials have no way to locate them and their owners. While talking to a caller about assault weapons, Liddy says: “[P]eople are buying them. Some because they’ve always wanted one and think that the Obama administration will try to outlaw them again, the way the Clinton administration did (see September 13, 1994). Others figure: ‘OK, I’ll buy as many as I can get my hands on, and I’ll be grandfathered in. And then when they’re banned, I will be able to sell them at a very nice profit.’ So, that’s going on. But the main thing is, you know, get them into private hands as quickly as possible.… The first thing you do is, no matter what law they pass, do not—repeat, not—ever register any of your firearms. Because that’s where they get the list of where to go first to confiscate. So, you don’t ever register a firearm, anywhere.” [Media Matters, 4/9/2009] In 1994, Liddy advised radio listeners to shoot federal agents in the head if they came to their houses to confiscate their guns. “Head shots, head shots.… Kill the sons of b_tches,” he said (see August 26 - September 15, 1994).

Entity Tags: Obama administration, G. Gordon Liddy

Timeline Tags: Domestic Propaganda

Responding to speculation that his administration will continue the policies of torture and indefinite detention, President-elect Barack Obama says flatly that he will shut down the Guantanamo detention center as part of his administration’s new policy towards terror suspects. CBS interviewer Steve Kroft asks: “There are a number of different things that you could do early pertaining to executive orders. One of them is to shut down Guantanamo Bay. Another is to change interrogation methods that are used by US troops. Are those things that you plan to take early action on?” Obama responds: “Yes. I have said repeatedly that I intend to close Guantanamo, and I will follow through on that. I have said repeatedly that America doesn’t torture. And I’m gonna make sure that we don’t torture. Those are part and parcel of an effort to regain America’s moral stature in the world.” [Wall Street Journal, 11/11/2008; CBS News, 11/16/2008] Two days into his administration, Obama orders that the Guantanamo detention facility be closed (see January 22, 2009).

Entity Tags: Barack Obama, Steve Kroft, Bush administration (43)

Timeline Tags: Torture of US Captives, Civil Liberties

Mohamed al-Khatani in September 2009.Mohamed al-Khatani in September 2009. [Source: US Defense Department]Military prosecutors at Guantanamo say they are going to file new war crimes charges against Mohamed al-Khatani, the so-called “20th hijacker” in the 9/11 plot. The senior official in charge of prosecutions at Guantanamo, Susan Crawford, dismissed similar charges against al-Khatani six months before (see May 13, 2008). Military officials now say that even though al-Khatani was originally interrogated using previously approved, then later disapproved, techniques (see August 8, 2002-January 15, 2003 and October 11, 2002), those previous interrogations will not make it impossible to try him. Speculation has been rife that Crawford dismissed the charges against al-Khatani over concerns that he was tortured at Guantanamo. (In 2009, Crawford will verify that al-Khatani was indeed tortured—see January 14, 2009). Colonel Lawrence Morris, the chief prosecutor at Guantanamo, says of al-Khatani, “His conduct is significant enough that he falls into the category of people who ought to be held accountable by being brought to trial.” According to evidence compiled by the 9/11 Commission, al-Khatani was slated to have been one of the “muscle hijackers” (see August 4, 2001). Lieutenant Colonel Bryan Broyles, al-Khatani’s defense lawyer, says new charges filed against his client would be disturbing. “It speaks about the moral bankruptcy of this whole process,” Broyles says, “that there’s nothing we can do to these people that is too much, that there are no consequences for our own misconduct.” [New York Times, 11/18/2008]

Entity Tags: Mohamed al-Khatani, Susan Crawford, Bryan Broyles, Lawrence J. Morris

Timeline Tags: Torture of US Captives

Federal Judge Richard Leon rules that the US government has unlawfully held five Algerian men at Guantanamo for nearly seven years (see January 18, 2002). Leon orders their release. Leon rules that the government’s case, based on a slender compilation of classified evidence, was too weak to justify the five men’s continued detention. The government’s case is based on a single “classified document from an unnamed source” for its central claim against the men, and the court has no way to accurately judge its credibility. “To rest on so thin a reed would be inconsistent with this court’s obligation,” Leon writes. He urges the Bush administration not to appeal the ruling, and recommends that they be released “forthwith.” Leon rules that a sixth Algerian, Bensayah Belkacem (see October 8, 2001), is being lawfully detained due to his demonstrable ties with al-Qaeda. The six are among the Guantanamo inmates who won a narrowly decided Supreme Court case recognizing their right to seek redress in the US court system (see June 22, 2008), and include Lakhdar Boumediene, for whom the Court’s ruling was named. Leon, a Republican appointee previously considered sympathetic to the Bush administration’s position on the detention of suspects, urges the government not to appeal his ruling: such an appeal could take as much as two years, and, he notes, “Seven years of waiting for our legal system to give them an answer to a question so important is, in my judgment, more than plenty.” If the government chooses not to appeal, the lawyers for the detainees expect them to be released into Bosnia, where they were arrested in early 2002. The Justice Department calls the ruling “perhaps an understandable consequence of the fact that neither the Supreme Court nor Congress has provided rules on how these habeas corpus cases should proceed in this unprecedented context.” One of the detainees’ lawyers, Robert Kirsch, says the case illustrates “the human cost of what can happen when mistakes are made at the highest levels of our government, and no one has the courage to acknowledge those mistakes.” Other detainee lawyers say the case is a broad repudiation of the Bush administration’s attempts to use the Guantanamo facility to avoid the scrutiny of US judges. Lawyer Zachary Katznelson, a member of the British human rights group Reprieve, says, “The decision by Judge Leon lays bare the scandalous basis on which Guantánamo has been based—slim evidence of dubious quality.” The case was not strengthened by the Bush administration’s pursuit of it: originally the six were charged with planning a bomb attack on the US Embassy in Sarajevo, Bosnia, but in October, Justice Department lawyers abruptly withdrew those accusations. [New York Times, 11/20/2008; National Review, 11/20/2008] The five will be released the following month (see December 2008).

Entity Tags: Reprieve, Bensayah Belkacem, Al-Qaeda, Bush administration (43), Lakhdar Boumediene, Zachary Katznelson, US Supreme Court, Richard J. Leon, US Department of Justice, Robert Kirsch

Timeline Tags: Civil Liberties

The judge in the case of Guantanamo detainee Mohammed Jawad (see December 17, 2002 and October 7, 2007) throws out the evidence against Jawad, saying that it was obtained under coercion. Jawad was charged with throwing a grenade at two US soldiers in Kabul, Afghanistan. The judge, Colonel Stephen Henley, finds that the sole evidence against Jawad, a confession he signed while in the custody of Afghan police, was, as the American Civil Liberties Union says, “gathered through coercive interrogations.” [Ottawa Citizen, 11/22/2008]

Entity Tags: Stephen Henley, American Civil Liberties Union, Mohammed Jawad

Timeline Tags: Torture of US Captives

A former Air Force interrogator writing under the pseudonym “Matthew Alexander” pens an impassioned plea against the use of torture for the Washington Post. Alexander is a former Special Operations soldier with war experience in Bosnia and Kosovo before volunteering to serve as a senior interrogator in Iraq from February 2006 through August 2006. He writes that while he served in Iraq, his team “had successfully hunted down one of the most notorious mass murderers of our generation, Abu Musab al-Zarqawi, the leader of al-Qaeda in Iraq and the mastermind of the campaign of suicide bombings that had helped plunge Iraq into civil war.” Yet upon his return, Alexander writes that he was less inclined to celebrate American success than “consumed with the unfinished business of our mission: fixing the deeply flawed, ineffective and un-American way the US military conducts interrogations in Iraq.” Since then, Alexander has written a book, How to Break a Terrorist: The US Interrogators Who Used Brains, Not Brutality, to Take Down the Deadliest Man in Iraq (see December 2-4, 2008). He writes that interrogation techniques used against terror suspects in Iraq both “betrays our traditions” and “just doesn’t work.”
Army Used 'Guantanamo Model' of Interrogation - When he joined the team hunting for al-Zarqawi, he was astonished to find that “[t]he Army was still conducting interrogations according to the Guantanamo Bay model: Interrogators were nominally using the methods outlined in the US Army Field Manual, the interrogators’ bible, but they were pushing in every way possible to bend the rules—and often break them.… These interrogations were based on fear and control; they often resulted in torture and abuse.”
New and Different Methodology - Alexander refused to allow his interrogators to use such tactics, he writes, and instead taught them a new set of practices: “one based on building rapport with suspects, showing cultural understanding and using good old-fashioned brainpower to tease out information. I personally conducted more than 300 interrogations, and I supervised more than 1,000. The methods my team used are not classified (they’re listed in the unclassified Field Manual), but the way we used them was, I like to think, unique. We got to know our enemies, we learned to negotiate with them, and we adapted criminal investigative techniques to our work (something that the Field Manual permits, under the concept of ‘ruses and trickery’). It worked. Our efforts started a chain of successes that ultimately led to Zarqawi.” Alexander writes that his attitude, and that of his colleagues, changed during this time. “We no longer saw our prisoners as the stereotypical al-Qaeda evildoers we had been repeatedly briefed to expect; we saw them as Sunni Iraqis, often family men protecting themselves from Shi’ite militias and trying to ensure that their fellow Sunnis would still have some access to wealth and power in the new Iraq. Most surprisingly, they turned out to despise al-Qaeda in Iraq as much as they despised us, but Zarqawi and his thugs were willing to provide them with arms and money.” When Alexander pointed this out to General George Casey, then the top US commander in Iraq, Casey ignored him. Alexander writes that Casey’s successor, General David Petraeus, used some of the same “rapport-building” techniques to help boost the “Anbar Awakening,” which saw tens of thousands of Sunnis repudiate al-Zarqawi and align themselves with the US. And, the techniques persuaded one of al-Zarqawi’s associates to tell where he was hiding, giving the US a chance to find and kill him (see June 8, 2006).
Little Overall Change - Even the success in locating and killing al-Zarqawi had little effect on US interrogation methods outside of Alexander’s unit. He left Iraq still unsettled about the methods being used; shortly after his return, he was horrified at news reports that the CIA had waterboarded detainees to coerce information from them (see Between May and Late 2006). Such hard-handed techniques are not only illegal and morally reprehensible, Alexander notes, they usually don’t work. He writes: “Torture and abuse are against my moral fabric. The cliche still bears repeating: Such outrages are inconsistent with American principles. And then there’s the pragmatic side: Torture and abuse cost American lives.” He remembers one jihadist who told him: “I thought you would torture me, and when you didn’t, I decided that everything I was told about Americans was wrong. That’s why I decided to cooperate.”
Torture Breeds Terrorism - Alexander writes that while in Iraq, he learned that the primary reason foreign jihadists came to Iraq to fight Americans was because of their outrage and anger over the abuses carried out at Guantanamo and Abu Ghraib. “Our policy of torture was directly and swiftly recruiting fighters for al-Qaeda in Iraq,” he writes. “The large majority of suicide bombings in Iraq are still carried out by these foreigners. They are also involved in most of the attacks on US and coalition forces in Iraq. It’s no exaggeration to say that at least half of our losses and casualties in that country have come at the hands of foreigners who joined the fray because of our program of detainee abuse. The number of US soldiers who have died because of our torture policy will never be definitively known, but it is fair to say that it is close to the number of lives lost on Sept. 11, 2001. How anyone can say that torture keeps Americans safe is beyond me—unless you don’t count American soldiers as Americans.”
Writing about His Experiences - Alexander began writing about his time in Iraq after returning to the US. When he submitted his book for the Defense Department’s review (standard procedure to ensure no classified information is being released), he writes that he “got a nasty shock.” The Pentagon delayed the review past the first scheduled printing date, then redacted what Alexander says was “an extraordinary amount of unclassified material—including passages copied verbatim from the Army’s unclassified Field Manual on interrogations and material vibrantly displayed on the Army’s own Web site.” Alexander was forced to file a lawsuit to get the review completed and to appeal the redactions. “Apparently, some members of the military command are not only unconvinced by the arguments against torture; they don’t even want the public to hear them.”
Conclusions - How we conduct ourselves in the “war on terror” helps define who we are as Americans, Alexander writes. “Murderers like Zarqawi can kill us, but they can’t force us to change who we are. We can only do that to ourselves.” It is up to Americans, including military officers directly involved in the battle against terrorist foes, “to protect our values not only from al-Qaeda but also from those within our own country who would erode them.” He continues: “We’re told that our only options are to persist in carrying out torture or to face another terrorist attack. But there truly is a better way to carry out interrogations—and a way to get out of this false choice between torture and terror.” With the ascension of Barack Obama to the White House, Alexander describes himself as “quite optimistic” that the US will renounce torture. “But until we renounce the sorts of abuses that have stained our national honor, al-Qaeda will be winning. Zarqawi is dead, but he has still forced us to show the world that we do not adhere to the principles we say we cherish. We’re better than that. We’re smarter, too.” [Washington Post, 11/30/2008]

Entity Tags: Matthew Alexander, US Department of Defense, US Department of the Air Force, US Department of the Army, Central Intelligence Agency, Barack Obama, David Petraeus, Abu Musab al-Zarqawi, Al-Qaeda in Iraq, George Casey

Timeline Tags: Torture of US Captives

Five Algerian detainees are released from Guantanamo after seven years’ imprisonment without charges ever being formally filed against them. They are released after a Supreme Court ruling ordered them granted habeas corpus rights in US courts (see June 22, 2008), and after a federal judge orders their detention to end (see November 20, 2008). The five tell reporters that their time in Guantanamo was hellish. “Nobody can imagine how horrible it was. Even the devil couldn’t have created such a bad, bad place,” says one detainee, computer technician Mustafa Ait Idir. “I was questioned and beaten more than 500 times during those seven years. The guards used to come in groups of six or seven, always using a spray against us first, and then the beatings would start.” Idir says he saw doctors participate in the abuse of prisoners: “I once saw a doctor with a group of guards. The doctor pointed to different places on a body of a prisoner saying ‘hit him here.’ After the beating, there were no visible marks on the body but that man was in such pain he couldn’t move.” Lawyer Stephen Oleskey says his client, Lakhdar Boumediene, had been force-fed through a nasal tube after he went on a seven-month hunger strike. “Twice a day he is strapped onto a chair at seven points,” says Oleskey of his client’s ordeal. “One side of his nose is broken, so they put it [the tube] in the other side… Sometimes it goes to his lung instead of his stomach. He can’t say anything because he has the mask on: that’s torture.” Idir recalls being confined in bare cells, often in complete darkness, others with powerful lights that prevented him from sleeping. [Agence France-Presse, 1/22/2009]

Entity Tags: US Supreme Court, Lakhdar Boumediene, Stephen Oleskey, Mustafa Ait Idir

Timeline Tags: Torture of US Captives

Cover of ‘How to Break a Terrorist.’Cover of ‘How to Break a Terrorist.’ [Source: Military (.com)]Former Iraq interrogator “Matthew Alexander” (a pseudonym) publishes his book How to Break a Terrorist: The US Interrogators Who Used Brains, Not Brutality, to Take Down the Deadliest Man in Iraq. Alexander has just published an editorial in the Washington Post detailing his success in using non-coercive interrogation techniques to locate terrorist leader Abu Musab al-Zarqawi, and denouncing the use of torture by US interrogators in Iraq and Guantanamo (see November 30, 2008). Time’s Gilbert Cruz writes, “Structured around a series of interrogations, [Alexander’s book] details the battle of wills between ‘gators [Alexander’s term for interrogators] and suspects as well as the internal fight between Alexander’s team and the old-school military inquisitors used to more brutal methods of questioning.” In his book, Alexander writes that these “old-school” interrogation tactics not only failed to elicit useful information, they “led down the disastrous path to the Abu Ghraib scandal.” Cruz calls the book “a claustrophobic read,” bringing the reader into the interrogation rooms with him, his partner, and the detainee during marathon questioning sessions. However, “Alexander scarcely discusses the theories behind his interrogation strategy, its derivation, or whether the US military continues to use it.” He concludes, “[A] fuller epilogue could have broadened the story beyond this single set of circumstances.” [Time, 12/2/2008]
'Times Where You Have to be Harsher' - In an interview about the book, Fox News host Sean Hannity attempts to assert that there will be times when torture is necessary to gain critical information. Alexander refuses to agree. Hannity says: “But I do think there’s going to be times where you have to be harsher. That’s an outsider’s view. Never? It never will work?” Alexander replies: “No.… I don’t say that torture doesn’t work; it does work on occasion. But what I say is that there’s better ways to do it.” [Fox News, 12/3/2008]
'Extremely Ineffective and Counter-Productive' - In another interview the same evening, Alexander tells MSNBC’s Keith Olbermann that torture is “extremely ineffective and counter-productive to what we are trying to accomplish in both the short-term and the long-term.” He explains: “In the short-term, when you torture somebody, it hardens their resolve, the information that you get is unreliable. And if you do get reliable information, you’re able to stop a terrorist attack, al-Qaeda is then going to use the fact that we torture people to recruit new members, and then we’re going to have to deal with a whole new wave of terrorists.” In the MSNBC interview, Alexander calls for an outright ban on torture and the retraining of US interrogators in non-coercive methods of questioning. [MSNBC, 12/4/2008]

Entity Tags: Matthew Alexander, Gilbert Cruz, Keith Olbermann, Sean Hannity

Timeline Tags: Torture of US Captives

The Malaysian government releases alleged al-Qaeda operative Yazid Sufaat. Malaysian Interior Minister Datuk Seri Syed Hamid Albar announces that Sufaat and five other detained Islamist militants are being freed because “they are no longer a threat and will no longer pose a threat to public order.” Albar adds that Sufaat “has been rehabilitated and can return to society.” Sufaat was arrested in Malaysia in December 2001 (see December 19, 2001). However, he was never tried or even charged. Malaysian law allows suspects to be held for up to two years without charge, and the two year period can be renewed multiple times. But apparently the Malaysian government decided to release him rather than put him on trial or hold him another two years.
Sufaat's History - Sufaat, a Malaysian, received a biological sciences degree in the US in the 1980s. There are allegations that he led al-Qaeda’s effort to get biological and chemical weapons until his arrest (see December 19, 2001). An important al-Qaeda summit was held in his apartment in January 2000; at least two 9/11 hijackers attended (see January 5-8, 2000). Later in 2000, Sufaat hosted al-Qaeda operative Zacarias Moussaoui, and he provided papers that helped Moussaoui get in the US (see September-October 2000).
Concern about Sufaat's Release - Sufaat is supposed to be kept under close observation. However, Newsweek reports that US counterterrorism officials have “expressed doubt that Sufaat has abandoned his radical al-Qaeda views or his desire to attack the United States with biological weapons.” One unnamed official says, “This individual is considered dangerous.” [Newsweek, 12/16/2008]

Entity Tags: Yazid Sufaat, Datuk Seri Syed Hamid Albar, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline

In a speech at the Saban Center for Middle East Policy in Washington, outgoing President Bush discusses his decision to invade Iraq. “It is true, as I have said many times, that Saddam Hussein was not connected to the 9/11 attacks,” he says. “But the decision to remove Saddam from power cannot be viewed in isolation from 9/11. In a world where terrorists armed with box cutters had just killed nearly 3,000 people, America had to decide whether we could tolerate a sworn enemy that acted belligerently, that supported terror, and that intelligence agencies around the world believed had weapons of mass destruction. It was clear to me, to members of both political parties, and to many leaders around the world that after 9/11, this was a risk we could not afford to take. So we went back to the UN Security Council, which unanimously passed Resolution 1441 calling on Saddam Hussein to disclose, disarm, or face serious consequences (see November 8, 2002). With this resolution, we offered Saddam Hussein a final chance to comply with the demands of the world. When he refused to resolve the issue peacefully, we acted with a coalition of nations to protect our people and liberated 25 million Iraqis.” Amanda Terkel, a writer for the liberal website Think Progress, notes that all of Bush’s acknowledgments that Iraq had no connections to 9/11 came after the war began; in the months prior to the invasion, Bush and his top officials strove to create the impression that Hussein had close links to al-Qaeda and the 9/11 planners (see (Between 10:30 a.m. and 12:00 p.m.) September 11, 2001, Shortly After September 11, 2001, Shortly After September 11, 2001, After September 11, 2001, Mid-September, 2001, September 17, 2001, September 19, 2001, September 20, 2001, September 28, 2001, November 6-8, 2001, December 9, 2001, 2002-March 2003, March 19, 2002, June 21, 2002, July 25, 2002, August 2002, August 20, 2002, September 12, 2002, September 16, 2002, September 21, 2002, September 25, 2002, September 26, 2002, September 27, 2002, September 28, 2002, October 7, 2002, October 7, 2002, October 15, 2002, December 2, 2002, December 12, 2002, January 26, 2003, January 28, 2003, Early February 2003, February 5, 2003, (2:30 a.m.-9:00 a.m.) February 5, 2003, February 5, 2003, February 6, 2003, February 11 or 12, 2003, and February 17, 2003). Terkel writes, “Bush still embraces his pre-war lies, as he admitted in his Saban address today, because without them, the public wouldn’t have supported his case for war.” [USA Today, 12/5/2008; Think Progress, 12/5/2008]

Entity Tags: George W. Bush, Amanda Terkel

Timeline Tags: Events Leading to Iraq Invasion

It is reported that the US is attempting to place former ISI Director Hamid Gul on a United Nations Security Council list of people and organizations that assist al-Qaeda and/or the Taliban. Additionally, the US is trying to add four other former ISI officials to the list. If a person is added to the list, all UN countries are supposed to freeze the person’s assets and deny them visas. However, all 15 Security Council members must sign off on additions to the list, including permanent member China. In the past, China has not always signed off on additions that the Pakistani government does not want on the list, due to China’s close ties to Pakistan. There is no indication that Gul or any of the others have actually been added to the list. [Reuters, 12/7/2008; Hindu, 12/9/2008]
Charges against Gul - A document listing the charges against Gul is leaked to some Pakistani newspapers. He is accused of helping to relocate al-Qaeda fighters from Iraq to Pakistan’s tribal region earlier in the year, providing financial and military support to the Taliban, and helping to recruit fighters to attack US forces in Afghanistan. It is also claimed he is in contact with Baitullah Mahsud, leader of Tehrik-i-Taliban (the Pakistani Taliban). [Reuters, 12/7/2008] Gul strongly denies the allegations. He was head of the ISI from 1987 to 1989 (see April 1987). Since then, he has maintained a high public profile in Pakistan, generally speaking in support of Islamist militant groups, and even defending Osama bin Laden on occasion. According to the Washington Post, both Indian and US officials say that Gul has maintained particularly close ties to the Pakistani militant group Lashkar-e-Toiba, and he is believed to have played an advisory role in several of that group’s recent attacks. [Washington Post, 12/9/2008] The names of the other four ex-ISI officials the US wants to add to the UN list have not been made public. However, ex-ISI official Khalid Khawaja says he suspects he is one of the other names. “I openly say I have links” to the Taliban and other militants, Khawaja says, but he denies there is anything illegal about his activities. [Reuters, 12/7/2008] The US could also place Gul on its own terrorist blacklist, but if it has done so, it has not made this public.

Entity Tags: Khalid Khawaja, Al-Qaeda, Baitullah Mahsud, United Nations Security Council, Hamid Gul, Lashkar-e-Toiba, Taliban, Pakistan Directorate for Inter-Services Intelligence

Timeline Tags: Complete 911 Timeline

Five high-value detainees being held at Guantanamo tell a military tribunal they wish to plead guilty to charges related to the 9/11 attacks, but refuse to enter a guilty plea at this time. The five are alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM); Ramzi bin al-Shibh, who helped coordinate the attacks; Ali Abdul Aziz Ali and Mustafa Ahmed al-Hawsawi, who assisted some of the 19 hijackers in Asia; and Khallad bin Attash, who attended a meeting with two of the hijackers in January 2000 (see January 5-8, 2000). The plea is not entered at this time, because it is not yet certain bin al-Shibh and al-Hawsawi are mentally competent to stand trial, and KSM says they all want to plead together. The judge, Colonel Stephen Henley, has already ordered a probe into the two men’s mental competence. The five say that they made their decision “without being under any kind of pressure, threat, intimidations, or promise from any party,” although an investigation of potential pressure would have to be conducted before such plea could be accepted. If convicted, the five men would face the death penalty, although four of them, including KSM, have declared a desire to become martyrs. KSM also says he wants to get rid of his military lawyer, who previously served in Iraq. For the first time, the hearing is watched live in the courtroom by nine relatives of people killed in the 9/11 attacks. [BBC, 12/8/2008]

Entity Tags: Khallad bin Attash, Stephen Henley, Mustafa Ahmed al-Hawsawi, Khalid Shaikh Mohammed, Ali Abdul Aziz Ali, Ramzi bin al-Shibh

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline

The Senate Armed Services Committee releases a classified 261-page report on the use of “harsh” or “enhanced interrogation techniques”—torture—against suspected terrorists by the US. The conclusion of the report will be released in April 2009 (see April 21, 2009). The report will become known as the “Levin Report” after committee chairman Carl Levin (D-MI). Though the report itself is classified, the committee releases the executive summary to the public.
Top Bush Officials Responsible for Torture - One of the report’s findings is that top Bush administration officials, and not a “few bad apples,” as many of that administration’s officials have claimed, are responsible for the use of torture against detainees in Guantanamo, Afghanistan, Iraq, and elsewhere.
Began Shortly after 9/11 - The report finds that US officials began preparing to use “enhanced interrogation” techniques just a few months after the 9/11 attacks, and well before Justice Department memos declared such practices legal. The program used techniques practiced in a US military program called Survival, Evasion, Resistance, and Escape (SERE—see December 2001), which trains US military personnel to resist questioning by foes who do not follow international bans on torture. As part of SERE training, soldiers are stripped naked, slapped, and waterboarded, among other techniques. These techniques were “reverse-engineered” and used against prisoners in US custody. Other techniques used against prisoners included “religious disgrace” and “invasion of space by a female.” At least one suspected terrorist was forced “to bark and perform dog tricks” while another was “forced to wear a dog collar and perform dog tricks” in a bid to break down their resistance.
Tried to 'Prove' Links between Saddam, Al-Qaeda - Some of the torture techniques were used before the March 2003 invasion of Iraq (see March 19, 2003). Much of the torture of prisoners, the report finds, was to elicit information “proving” alleged links between al-Qaeda and the regime of Saddam Hussein. US Army psychiatrist Major Paul Burney says of some Guantanamo Bay interrogations: “Even though they were giving information and some of it was useful, while we were there a large part of the time we were focused on trying to establish a link between al-Qaeda and Iraq. We were not being successful in establishing a link between al-Qaeda and Iraq. The more frustrated people got in not being able to establish this link… there was more and more pressure to resort to measures that might produce more immediate results.” Others did not mention such pressure, according to the report. [Senate Armed Services Committee, 12/11/2008 pdf file; Agence France-Presse, 4/21/2009] (Note: Some press reports identify the quoted psychiatrist as Major Charles Burney.) [McClatchy News, 4/21/2009] A former senior intelligence official later says: “There were two reasons why these interrogations were so persistent, and why extreme methods were used. The main one is that everyone was worried about some kind of follow-up attack [after 9/11]. But for most of 2002 and into 2003, Cheney and Rumsfeld, especially, were also demanding proof of the links between al-Qaeda and Iraq that [former Iraqi exile leader Ahmed] Chalabi (see November 6-8, 2001) and others had told them were there.… There was constant pressure on the intelligence agencies and the interrogators to do whatever it took to get that information out of the detainees, especially the few high-value ones we had, and when people kept coming up empty, they were told by Cheney’s and Rumsfeld’s people to push harder.” [McClatchy News, 4/21/2009]
Warnings of Unreliability from Outset - Almost from the outset of the torture program, military and other experts warned that such techniques were likely to provide “less reliable” intelligence results than traditional, less aggressive approaches. In July 2002, a memo from the Joint Personnel Recovery Agency (JRPA), which oversees the SERE training program, warned that “if an interrogator produces information that resulted from the application of physical and psychological duress, the reliability and accuracy of this information is in doubt. In other words, a subject in extreme pain may provide an answer, any answer, or many answers in order to get the pain to stop” (see July 2002). [Senate Armed Services Committee, 12/11/2008 pdf file; Agence France-Presse, 4/21/2009]
Ignoring Military Objections - When Pentagon general counsel William Haynes asked Defense Secretary Donald Rumsfeld to approve 15 of 18 recommended torture techniques for use at Guantanamo (see December 2, 2002), Haynes indicated that he had discussed the matter with three officials who agreed with him: Deputy Defense Secretary Paul Wolfowitz, Undersecretary of Defense Douglas Feith, and General Richard Myers. Haynes only consulted one legal opinion, which senior military advisers had termed “legally insufficient” and “woefully inadequate.” Rumsfeld agreed to recommend the use of the tactics. [Senate Armed Services Committee, 12/11/2008 pdf file]

Entity Tags: William J. Haynes, Paul Wolfowitz, Richard (“Dick”) Cheney, Richard B. Myers, Paul Burney, Joint Personnel Recovery Agency, Douglas Feith, Donald Rumsfeld, Ahmed Chalabi, Senate Armed Services Committee, Carl Levin, US Department of Justice, Bush administration (43)

Timeline Tags: Torture of US Captives

In a Newsweek interview, Pakistani President Asif Ali Zardari calls former ISI Director Hamid Gul a “political ideologue of terror.” He is asked about reports that US Secretary of State Condoleezza Rice asked him to arrest Gul, due to Gul’s alleged links to the Taliban and al-Qaeda. Zardari replies: “Hamid Gul is an actor who is definitely not in our good books. Hamid Gul is somebody who was never appreciated by our government. She [Rice] did not go into specifics, if I may share that with you.… He has not been accused in the Mumbai incident.… I think he is more of a political ideologue of terror rather than a physical supporter.” Zardari also strongly denies that the ISI, Pakistan’s intelligence agency, had any role in the bombing of the Indian embassy in Kabul, Afghanistan (see July 7, 2008). [Newsweek, 12/12/2008] In fact, Gul has been accused in regards to the “Mumbai incident,” which is a reference to the November 2008 attacks in Mumbai, India. Several days prior to Zardari’s interview, it was reported that India is seeking Gul’s arrest for a role in that attack along with that of some other Pakistanis. The Pakistani militant group Lashkar-e-Toiba has been accused of having a role in the attack, and Gul is widely seen as a frequent adviser to this group. Gul denies any link to the attack, or any other attack. Also several days before Zardari’s interview, it was reported the US is attempting to add Gul’s name to a terrorist watchlist for actual roles in attacks and not just being a “political ideologue of terror” (see December 7, 2008). [Washington Post, 12/9/2008] In 2010, it will be reported that Gul has been linked to many recent militant attacks (see July 26, 2010).

Entity Tags: Asif Ali Zardari, Hamid Gul, Lashkar-e-Toiba, Condoleezza Rice, Pakistan Directorate for Inter-Services Intelligence

Timeline Tags: Complete 911 Timeline

In his first exit interview after the November 2008 elections, Vice President Dick Cheney unapologetically acknowledges that the US used waterboarding on suspected terrorists, and says that the Guantanamo Bay prison should remain open until terrorism has been eradicated. Methods such as waterboarding were indeed used on at least one subject, suspected 9/11 plotter Khalid Shaikh Mohammed (see May 2002-2003, Shortly After February 29 or March 1, 2003, March 7 - Mid-April, 2003, After March 7, 2003, and May 2003), Cheney says, but he goes on to claim that those methods do not constitute torture. “On the question of so-called torture, we don’t do torture,” he says. “We never have. It’s not something that this administration subscribes to. I think those who allege that we’ve been involved in torture, or that somehow we violated the Constitution or laws with the terrorist surveillance program, simply don’t know what they’re talking about.” Asked if he authorized the waterboarding of Mohammed, Cheney says: “I was aware of the program, certainly, and involved in helping get the process cleared, as the agency [CIA] in effect came in and wanted to know what they could and couldn’t do. And they talked to me, as well as others, to explain what they wanted to do. And I supported it.” Cheney says that waterboarding Mohammed produced critically important information: “There was a period of time there, three or four years ago, when about half of everything we knew about al-Qaeda came from that one source. So it’s been a remarkably successful effort. I think the results speak for themselves.” Cheney adds that the invasion of Iraq and the overthrow of Saddam Hussein were justified regardless of whether that nation possessed weapons of mass destruction. The only thing US intelligence got wrong, he says, “was that there weren’t any stockpiles. What they found was that Saddam Hussein still had the capability to produce weapons of mass destruction. He had the technology, he had the people, he had the basic feed stock.” [ABC News, 12/15/2008; ABC News, 12/15/2008] In the US, waterboarding has been considered a war crime at least as far back as World War II (see 1947, January 21, 1968, and November 29, 2007); in 2007, a judge concurred (see November 4, 2007). A former senior Justice Department official determined that waterboarding is torture (see Late 2004-Early 2005), as did a former deputy secretary of state who was subjected to waterboarding as part of his military training (see January 21, 2009) and a US senator who was a prisoner of war in Vietnam (see April 20, 2009). The CIA suspended the use of waterboarding in 2005 after determining that the technique was most likely ineffective and certainly illegal (see Shortly After April 28, 2004-February 2005), and banned it entirely in 2006 (see Between May and Late 2006); the CIA’s Inspector General determined that the practice was torture (see March 6, 2009). The FBI and DIA have forbidden their agents from using the technique (see May 13, 2004 and February 7, 2008). The US military banned its use in 2006 (see September 6, 2006). The king of Saudi Arabia will accuse the Bush administration of torturing prisoners in its custody (see April 24, 2009). The information derived from torturing Mohammed and other prisoners is widely considered unreliable (see August 6, 2007, April 16, 2009, December 18, 2008, and March 29, 2009), and may well have been initially designed to elicit false confessions (see April 22, 2009).

Entity Tags: Central Intelligence Agency, Al-Qaeda, Bush administration (43), Richard (“Dick”) Cheney, Saddam Hussein, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives

Vanity Fair reporter David Rose publishes an extensive examination of the US’s use of torture to extract information from a number of suspected militant Islamists, focusing on three subjects: Abu Zubaida (see April - June 2002, Mid-April-May 2002, May 2002-2003, Mid-May, 2002, Mid-May 2002 and After, June 2002, and December 18, 2007), Khalid Shaikh Mohammed (see May 2002-2003, March 7 - Mid-April, 2003, After March 7, 2003, and August 6, 2007), and Binyam Mohamed (see May 17 - July 21, 2002, July 21, 2002 -- January 2004, and January-September 2004). The conclusion he draws, based on numerous interviews with current and former CIA, military, and administration sources, is that torture not only does not work to provide reliable intelligence, it provides so much false information that it chokes the intelligence system and renders the intelligence apparatus unreliable. One CIA official tells Rose: “We were done a tremendous disservice by the [Bush] administration. We had no background in this; it’s not something we do. They stuck us with a totally unwelcome job and left us hanging out to dry. I’m worried that the next administration is going to prosecute the guys who got involved, and there won’t be any presidential pardons at the end of it. It would be okay if it were [former Attorney Generals] John Ashcroft or Alberto Gonzales. But it won’t be. It’ll be some poor GS-13 who was just trying to do his job.”
Enormous Waste of Resources - A veteran FBI counterterrorism agent says the waste of time and resources on false leads generated through torture has been enormous. “At least 30 percent of the FBI’s time, maybe 50 percent, in counterterrorism has been spent chasing leads that were bullsh_t,” he says. “There are ‘lead squads’ in every office trying to filter them. But that’s ineffective, because there’s always that ‘What if?’ syndrome. I remember a claim that there was a plot to poison candy bought in bulk from Costco. You follow it because someone wants to cover himself. It has a chilling effect. You get burned out, you get jaded. And you think, ‘Why am I chasing all this stuff that isn’t true?’ That leads to a greater problem—that you’ll miss the one that is true. The job is 24-7 anyway. It’s not like a bank job. But torture has made it harder.”
No Proof of Efficacy of Torture - Former FBI counterterrorism specialist Dan Cloonan points to the near-total lack of proof the administration has been able to advance to show that torture works. “The proponents of torture say, ‘Look at the body of information that has been obtained by these methods,’” he says. “But if KSM [Khalid Shaikh Mohammed] and Abu Zubaida did give up stuff, we would have heard the details. What we got was pabulum.” A former CIA officer says: “Why can’t they say what the good stuff from Abu Zubaida or KSM is? It’s not as if this is sensitive material from a secret, vulnerable source. You’re not blowing your source but validating your program. They say they can’t do this, even though five or six years have passed, because it’s a ‘continuing operation.’ But has it really taken so long to check it all out?”
Propaganda Value - Officials who analyzed Zubaida’s interrogation reports say that his reports were given such credence within the White House not because of the American lives they would supposedly save, but because they could be used to rebut those who criticized the Iraq invasion. “We didn’t know he’d been waterboarded and tortured when we did that analysis, and the reports were marked as credible as they could be,” says a former Pentagon analyst. “The White House knew he’d been tortured. I didn’t, though I was supposed to be evaluating that intelligence.” He was unable to draw valid conclusions about the importance of Zubaida’s confessions without knowing how the information was extracted. “It seems to me they were using torture to achieve a political objective,” he says. “I cannot believe that the president and vice president did not know who was being waterboarded, and what was being given up.”
False Claims of Preventing London Attack - President Bush has claimed that secret CIA black site interrogations “helped foil a plot to hijack passenger planes and fly them into Heathrow [Airport] and London’s Canary Wharf” (see October 6, 2005). The former head of Scotland Yard’s anti-terrorist branch, Peter Clarke, who served through May 2008 and helped stop several jihadist attacks, says Bush’s claim is specious. Clarke says it is possible that al-Qaeda had considered some sort of project along the lines of Bush’s assertion, but if it had, it was nowhere near fruition. “It wasn’t at an advanced stage in the sense that there were people here in the UK doing it,” he says. “If they had been, I’d have arrested them.” No terror plot of which Clarke is aware has been foiled due to information gathered due to torture.
FBI Director Confirms No Plots Disrupted by Torture Interrogations - Rose concludes by quoting an interview he held with FBI Director Robert Mueller in April 2008. Rose lists a number of plots disrupted by the FBI, all “foiled by regular police work.” He asked Mueller if he was aware of any attacks on America that had been disrupted thanks to what the administration calls “enhanced techniques.” Mueller responded, “I’m really reluctant to answer that.” He paused, looked at an aide, then said quietly, “I don’t believe that has been the case.” [Vanity Fair, 12/16/2008] On April 21, 2009, a spokesman for Mueller will say, “The quote is accurate.” [New York Times, 4/22/2008]

Entity Tags: Central Intelligence Agency, Bush administration (43), Alberto R. Gonzales, Abu Zubaida, US Department of Defense, Robert S. Mueller III, Peter Clarke, Khalid Shaikh Mohammed, Federal Bureau of Investigation, David Rose, George W. Bush, Dan Cloonan, John Ashcroft, Binyam Mohamed

Timeline Tags: Torture of US Captives

Newsweek reveals that Thomas Tamm, a former high-level Justice Department official, was one of the whistleblowers who revealed the government’s illegal domestic wiretapping program, known as “Stellar Wind,” to the New York Times (see December 15, 2005). Tamm, an ex-prosecutor with a high security clearance, learned of the program in the spring of 2004 (see Spring 2004).
Intense FBI Scrutiny - As of yet, Tamm has not been arrested as one of the leakers in the criminal leak investigation ordered by President Bush (see December 30, 2005), though since the December 2005 publication, Tamm has remained under Justice Department suspicion—FBI agents have raided his home, hauled away his personal possessions, and relentlessly questioned his family and friends (see August 1, 2007). He no longer has a government job, and is having trouble finding steady work as a lawyer. He has resisted pressure to plead to a felony charge of divulging classified information. Newsweek’s Michael Isikoff writes, “[H]e is living under a pall, never sure if or when federal agents might arrest him.” Perhaps his biggest regret is the impact the FBI investigation has had on his wife and children. “I didn’t think through what this could do to my family,” he says. But, “I don’t really need anybody to feel sorry for me,” he says. “I chose what I did. I believed in what I did.”
No Decision to Prosecute Yet - The Justice Department has deferred a decision over whether to arrest and prosecute Tamm until after the Bush administration leaves office and a new attorney general takes over the department. Both President-elect Barack Obama and the incoming Attorney General, Eric Holder, have denounced the warrantless wiretapping program. In one speech Holder gave in June 2008, he said that President Bush had acted “in direct defiance of federal law” by authorizing the NSA program. Former US Attorney Asa Hutchinson, who is helping in Tamm’s defense, says: “When I looked at this, I was convinced that the action he took was based on his view of a higher responsibility. It reflected a lawyer’s responsibility to protect the rule of law.” Hutchinson has no use for the idea, promulgated by Bush officials and conservative pundits, that the Times story damaged the “war on terror” by alerting al-Qaeda terrorists to Stellar Wind and other surveillance programs. “Anybody who looks at the overall result of what happened wouldn’t conclude there was any harm to the United States,” he says. Hutchinson is hopeful that Holder’s Justice Department will drop its investigation of Tamm.
The Public 'Ought to Know' about NSA Eavesdropping - Recently Tamm decided to go public with his story, against the advice of his lawyers. “I thought this [secret program] was something the other branches of the government—and the public—ought to know about,” he tells Isikoff. “So they could decide: do they want this massive spying program to be taking place?… If somebody were to say, who am I to do that? I would say, ‘I had taken an oath to uphold the Constitution.’ It’s stunning that somebody higher up the chain of command didn’t speak up.” Tamm also admits that he leaked information to the Times in part over his anger at other Bush administration policies for the Justice Department, including its aggressive pursuit of death penalty cases, and its use of “renditions” and “enhanced” interrogation techniques against terrorist suspects. He insists that he divulged no “sources and methods” that might compromise national security when he spoke to the Times. He could not tell the Times reporters anything about the NSA program, he says, because he knew nothing specific about the program. As Isikoff writes, “All he knew was that a domestic surveillance program existed, and it ‘didn’t smell right.’” (Times reporter Eric Lichtblau refuses to confirm if Tamm was one of his sources for the stories he wrote with fellow Times reporter James Risen.) [Newsweek, 12/22/2008]

Entity Tags: Michael Isikoff, Bush administration (43), Barack Obama, Asa Hutchinson, ’Stellar Wind’, Eric Holder, Eric Lichtblau, Newsweek, US Department of Justice, Federal Bureau of Investigation, Thomas Tamm, George W. Bush

Timeline Tags: Civil Liberties

The CIA rehires a former officer who previously threatened al-Qaeda leader Abd al-Rahim al-Nashiri with a gun and drill during interrogations (see Between December 28, 2002 and January 1, 2003 and Late December 2002 or Early January 2003). The officer, a former FBI translator known as “Albert,” is to train other CIA officers at a facility in northern Virginia to handle different scenarios they might face in the field. He continues with the training until 2008 at the latest. However, according to an anonymous US official, he will still be working as an intelligence contractor in 2010. Albert’s rehiring will be revealed by the Associated Press in September 2010. According to the Associated Press, human rights critics say Albert’s return as a contractor raises questions about how the intelligence community deals with those who used unauthorized interrogation methods. “The notion that an individual involved in one of the more notorious episodes of the CIA’s interrogation program is still employed directly or indirectly by the US government is scandalous,” Ben Wizner, an attorney with the American Civil Liberties Union, will comment. [Associated Press, 9/7/2010]

Entity Tags: Central Intelligence Agency, American Civil Liberties Union, “Albert”, Ben Wizner

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline

A CIA drone strike kills two al-Qaeda leaders, Usama al-Kini and Sheikh Ahmed Salim Swedan, in Pakistan’s tribal region. Al-Kini, a Kenyan also known as Fahid Muhammad Ally Msalam, is said to be al-Qaeda’s chief of operations in Pakistan since 2007. Swedan, also a Kenyan, is al-Kini’s long-time deputy. Both men are said to be linked to a recent series of suicide bombings in Pakistan, including a September 16 bombing of the Marriott Hotel in Islamabad that killed 53 people. Both are said to have had central roles in planning the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998). The FBI had a $5 million bounty for their capture. An anonymous US counterterrorism official says that al-Kini is one of the top 10 highest ranking terrorists the CIA ever killed or captured. The drone strike is said to have hit a building being used for explosives training near the town of Karikot in South Waziristan. [Washington Post, 1/9/2009]

Entity Tags: Al-Qaeda, Usama al-Kini, Sheikh Ahmed Salim Swedan, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Judge Vaughn Walker rules that “sufficient facts” exist to keep alive a lawsuit brought by the defunct Islamic charity Al Haramain, which alleges it was subjected to illegal, warrantless wiretapping by the US government (see February 28, 2006). The lawsuit centers on a Top Secret government document accidentally disclosed to plaintiffs’ lawyers Wendell Belew and Asim Ghafoo that allegedly proves the claim of illegal wiretapping; previous court rulings forced Belew and Ghafoo to return the document to the government and prohibited its use in the lawsuit. The lawsuit is widely viewed as a test case to decide in court whether the Bush administration abused its power by authorizing a secret domestic spying program (see Spring 2004 and December 15, 2005). Jon Eisenberg, the lawyer for Belew and Ghafoo, says it does not matter whether the case pertains to the Bush administration or the incoming Obama administration. “I don’t want President Obama to have that power any more than I do President Bush,” he says. Because the lawsuit contains sufficient evidence even without the Top Secret document, Walker rules, it can continue. “The plaintiffs have alleged sufficient facts to withstand the government’s motion to dismiss,” he writes. Therefore, he adds, the law demands that they be allowed to review the classified document, and others, to determine whether the lawyers were spied on illegally and whether Bush’s spy program was unlawful. “To be more specific, the court will review the sealed document ex parte and in camera,” Walker writes. “The court will then issue an order regarding whether plaintiffs may proceed—that is, whether the sealed document establishes that plaintiffs were subject to electronic surveillance not authorized by FISA” (the Foreign Intelligence Surveillance Act—see 1978). [Wired News, 1/5/2009]

Entity Tags: Vaughn Walker, Al Haramain Islamic Foundation, Asim Ghafoo, Jon Eisenberg, Bush administration (43), Wendell Belew, Foreign Intelligence Surveillance Act, Obama administration

Timeline Tags: Civil Liberties

Newsweek publishes a range of responses to its article about Justice Department whistleblower Thomas Tamm (see December 22, 2008), who alerted the New York Times to the Bush administration’s illegal domestic wiretapping program “Stellar Wind” (see Spring 2004 and December 15, 2005). Most are extremely supportive of Tamm; Newsweek writes, “Nearly all labeled Tamm a hero.” One reader wonders why “few in the Justice Department were as troubled as Tamm about the illegality of the secret domestic wiretapping program or had the courage of his convictions.” Another notes, “Whistle-blowers like him are heroes because they are protecting ‘We the people.’” A Milwaukee reader, Harvey Jay Goldstein, suggests that President-elect Obama honor Tamm’s courage and service by “issuing him a pardon” and then “seek indictments against those involved in authorizing and carrying out the illegal program, including President Bush and Vice President Cheney.” The reader is “appalled” that Tamm “is being harassed and persecuted by the FBI (see August 1, 2007) for his part in disclosing the coverup of a program that originated in the Oval Office.” He calls Tamm “a national hero who had the guts to do what he thought was right and wasn’t intimidated by the power of the presidency.” Goldstein accuses Bush and Cheney of “undermining and circumventing the protections of the First and Fourth amendments [in what] are perhaps the most egregious attempts to consolidate absolute power within the executive branch since the dark days of Richard Nixon.” Illinois reader Leonard Kliff, a World War II veteran, writes: “It is disgusting that this man is on the run when he should be receiving a medal for his actions. I am sure the majority of Americans fully support him.” The Reverend Joseph Clark of Maryland calls Tamm “a common man doing his job—upholding the Constitution of the United States and the rule of law.… Thank God for people like Thomas Tamm who spoke when no one else was finding a voice.… This nation is made up of people like Tamm, and that is our strength.” And a former schoolmate of Tamm’s, Peter Craig, writes: “No one who attended Landon School in Bethesda, Md., in the late 1960s, as I did, will be at all surprised to learn that Tom Tamm ended up risking it all to do the right thing. In his senior year, for instance, Tom, then the president of the student council, decided to turn himself in to the rest of the council for some minor infraction unknown to anyone else (and ultimately warranting no punishment). It showed the same character and a burgeoning morality that years later would compel him to do what he did.” Only one published letter, from Bob Spickelmier, expresses the view that Tamm should go to jail for his actions. [Newsweek, 1/10/2009]

Entity Tags: Thomas Tamm, Bob Spickelmier, ’Stellar Wind’, Bush administration (43), Newsweek, Harvey Jay Goldstein, Leonard Kliff, US Department of Justice, Peter Craig, Joseph Clark

Timeline Tags: Civil Liberties

Former military prosecutor Lieutenant Colonel Darrel Vandeveld, who resigned his post in protest over the unwarranted prosecution of detainee Mohammed Jawad (see January 18, 2009), joins the American Civil Liberties Union (ACLU)‘s lawsuit on behalf of Jawad. The ACLU is demanding that Jawad be granted the right of habeas corpus and, ultimately, his release. Jawad has been held without trial for over six years, and, according to Vandeveld and the ACLU, no credible evidence of his probable guilt exists. Evidence does exist that Jawad was tortured while in US custody. In a brief filed with the court, Vandeveld writes, “[T]here is no credible evidence or legal basis to justify Mr. Jawad’s detention in US custody or his prosecution by military commission.” There is, however, “reliable evidence that [Jawad] was badly mistreated by US authorities both in Afghanistan and at Guantanamo.” Jawad was originally charged with throwing a hand grenade at US soldiers. Vandeveld writes that the evidence indicates Jawad, who was 16 when he was captured, never participated in any such attack, and was lured into joining an Afghan insurgent group by the promise of a well-paying job, and was drugged and lied to by the insurgents. What evidence does exist against Jawad is mostly exculpatory, Vandeveld writes, and all the evidence is scattered haphazardly throughout the Guantanamo facility. Some was found in a locker, and other documents have been lost. Thus, the US’s case against Jawad is unacceptably weak, Vandeveld contends. [Charlotte Examiner, 1/13/2009]
Jawad 'No Threat' - In defending Jawad, Vandeveld writes: “Had I returned to Afghanistan or Iraq, and had I encountered Mohammed Jawad in either of those hostile lands, where two of my friends have been killed in action and one of my very best friends in the world had been terribly wounded, I have no doubt at all—none—that Mr. Jawad would pose no threat whatsoever to me, his former prosecutor and now-repentant persecuter. Six years is long enough for a boy of 16 to serve in virtual solitary confinement, in a distant land, for reasons he may never fully understand.” [Salon, 1/21/2009]
Torture 'Miserably Common for Detainees in US Custody' - Salon’s Glenn Greenwald will write in support of Jawad and Vandeveld: “Jawad was never waterboarded, but no civilized human being would deny that the cumulative effect of his treatment at the hands of our country is torture in every sense of the word. And there’s nothing unique about his treatment. It wasn’t aberrational. Rather, it has been miserably common for detainees in US custody—not only at Guantanamo, but also in Bagram and throughout Iraq.” [Salon, 1/21/2009]

Entity Tags: Darrel Vandeveld, Bush administration (43), Glenn Greenwald, Mohammed Jawad, American Civil Liberties Union

Timeline Tags: Torture of US Captives

Susan Crawford.Susan Crawford. [Source: Susan Crawford / Washington Post]The senior Bush administration official in charge of bringing Guantanamo Bay detainees to trial rules that the US military tortured a detainee, and therefore the US cannot try him. Susan Crawford, the convening authority of military commissions, says that the US tortured Mohamed al-Khatani, a Saudi national accused of planning to participate in the September 11 attacks (see August 4, 2001). Crawford says al-Khatani was interrogated with techniques that included sustained isolation, sleep deprivation, nudity and prolonged exposure to cold, and which cumulatively left him in a “life-threatening condition.” Crawford says: “We tortured [al-]Khatani. His treatment met the legal definition of torture. And that’s why I did not refer the case” for prosecution. Crawford is a retired judge who served as the Army’s general counsel during the Reagan administration and the Pentagon’s inspector general during the first Bush administration. She is the first senior official of the current Bush administration to publicly state that a detainee was tortured while in US custody.
Cumulative Effect Equals Torture - None of the individual techniques used against al-Khatani were torturous in and of themselves, Crawford says, but the cumulative effect—particularly their duration and the deleterious effect on al-Khatani’s health—combined to constitute torture. “The techniques they used were all authorized, but the manner in which they applied them was overly aggressive and too persistent,” she says. “You think of torture, you think of some horrendous physical act done to an individual. This was not any one particular act; this was just a combination of things that had a medical impact on him, that hurt his health. It was abusive and uncalled for. And coercive. Clearly coercive. It was that medical impact that pushed me over the edge” to call it torture. Al-Khatani has been in US custody since December 2001 (see December 2001), and was interrogated from November 2002 through January 2003 (reports of the exact dates vary—see August 8, 2002-January 15, 2003 and October 11, 2002). He was held in isolation until April 2003. “For 160 days his only contact was with the interrogators,” Crawford says. “Forty-eight of 54 consecutive days of 18-to-20-hour interrogations. Standing naked in front of a female agent. Subject to strip searches. And insults to his mother and sister.” He was threatened with a military dog named Zeus. He “was forced to wear a woman’s bra and had a thong placed on his head during the course of his interrogation,” Crawford says, and “was told that his mother and sister were whores.” With a leash tied to his chains, he was led around the room “and forced to perform a series of dog tricks,” according to reports from his interrogations. He was twice hospitalized with bradycardia, a potentially lethal condition where the heartbeat drops to abnormally low levels.
Ruling Halts Future Prosecution against al-Khatani - Crawford dismissed war crimes charges against al-Khatani in May 2008 (see May 13, 2008). In November, military prosecutors said they would refile charges against al-Khatani, based on subsequent interrogations that did not employ harsh techniques (see November 18, 2008). But Crawford says that she would not let any such prosecutions go forward. However, Crawford is not unaware of the potential danger posed by letting him go free. “There’s no doubt in my mind he would’ve been on one of those planes had he gained access to the country in August 2001,” Crawford says. “He’s a muscle hijacker.… He’s a very dangerous man. What do you do with him now if you don’t charge him and try him? I would be hesitant to say, ‘Let him go.’” Al-Khatani’s civilian lawyer, Gitanjali Gutierrez, says, “There is no doubt he was tortured.” Gutierrez says: “He has loss of concentration and memory loss, and he suffers from paranoia.… He wants just to get back to Saudi Arabia, get married and have a family.” Al-Khatani “adamantly denies he planned to join the 9/11 attack,” she adds. “He has no connections to extremists.” Gutierrez says she thinks Saudi Arabia has an effective rehabilitation program and Khatani ought to be returned there. [Washington Post, 1/14/2009; New York Times, 1/14/2009] His lawyers at the Center for Constitutional Rights describe him as a broken, suicidal man who can never be prosecuted because of his treatment at the hands of his captors. [New York Times, 1/14/2009]
Sympathetic but Unbending - Crawford, a lifelong Republican, says she sympathizes with the situation faced by the Bush administration and the CIA after the 9/11 attacks. “I sympathize with the intelligence gatherers in those days after 9/11, not knowing what was coming next and trying to gain information to keep us safe,” she acknowledges. “But there still has to be a line that we should not cross. And unfortunately what this has done, I think, has tainted everything going forward.” Noting that the 2006 Hamdan v. Rumsfeld case (see June 30, 2006) disallowed torture but allowed for “coercive interrogation techniques,” Crawford says even those techniques should not be allowed: “You don’t allow it in a regular court.” Crawford says she is not yet sure if any of the other five detainees accused of participating in the 9/11 plot, including their leader, Khalid Shaikh Mohammed, were tortured, but she believes they may have been. “I assume torture,” she says, and notes that CIA Director Michael Hayden has publicly confirmed that Mohammed was one of three detainees subjected to waterboarding, a technique classified by law as torture. Crawford has not blocked prosecution of the other five detainees. Ultimately, she says, the responsibility for the farrago of illegal detentions and torture rests with President Bush. He was right to create a system to try suspected terrorists, she says, but the implementation was fatally flawed. “I think he hurt his own effort.… I think someone should acknowledge that mistakes were made and that they hurt the effort and take responsibility for it.… We learn as children it’s easier to ask for forgiveness than it is for permission. I think the buck stops in the Oval Office.” [Washington Post, 1/14/2009]
Rules Change - Pentagon spokesman Geoff Morrell says that the Hamdan case changed the rules, and thus retroactively classified al-Khatani’s treatment as torture. “The [Defense] Department has always taken allegations of abuse seriously,” he says. “We have conducted more than a dozen investigations and reviews of our detention operations, including specifically the interrogation of Mohamed al-Khatani, the alleged 20th hijacker. They concluded the interrogation methods used at [Guantanamo], including the special techniques used on Khatani in 2002, were lawful. However, subsequent to those reviews, the Department adopted new and more restrictive policies and procedures for interrogation and detention operations. Some of the aggressive questioning techniques used on al-Khatani, although permissible at the time, are no longer allowed in the updated Army field manual.” [Washington Post, 1/14/2009]
Prosecutors Unprepared - When Crawford came to Guantanamo as convening authority in 2007, she says “the prosecution was unprepared” to bring cases to trial. Even after four years of working possible cases, “they were lacking in experience and judgment and leadership.” She continues: “A prosecutor has an ethical obligation to review all the evidence before making a charging decision. And they didn’t have access to all the evidence, including medical records, interrogation logs, and they were making charging decisions without looking at everything.” It took over a year, and the intervention of Deputy Defense Secretary Gordon England, for prosecutors to turn over possibly exculpatory evidence to defense lawyers, even though the law requires that such evidence be turned over immediately. The entire system at Guantanamo is a blot on the reputation of the US and its military judicial system, she says: “There’s an assumption out there that everybody was tortured. And everybody wasn’t tortured. But unfortunately perception is reality.” The system she oversees cannot function now, she believes. “Certainly in the public’s mind, or politically speaking, and certainly in the international community” it may be forever tainted. “It may be too late.” [Washington Post, 1/14/2009]

Entity Tags: Susan Crawford, Gordon England, Gitanjali Gutierrez, George W. Bush, Geoff Morrell, Central Intelligence Agency, Khalid Shaikh Mohammed, Bush administration (43), Center for Constitutional Rights, Mohamed al-Khatani, US Department of Defense, Michael Hayden

Timeline Tags: Torture of US Captives

Eric Holder.Eric Holder. [Source: New York Times]Incoming Attorney General Eric Holder says the Justice Department will defend the US’s warrantless eavesdropping program (see Spring 2004 and December 15, 2005) in court, based on Congress’s passage of legislation immunizing US telecommunications companies from lawsuits challenging their participation in the government spy program (see January 5, 2009). Holder makes this statement during Senate hearings to confirm his selection as attorney general. “The duty of the Justice Department is to defend statutes that have been passed by Congress,” Holder says. “Unless there are compelling reasons, I don’t think we would reverse course.” President-elect Obama, while a senator, opposed granting immunity to the telecommunications firms, but voted for immunity because it was included in a broader surveillance bill that gave the Bush administration broad new powers to eavesdrop on Americans without warrants. [Wired News, 1/15/2009]

Entity Tags: Barack Obama, US Department of Justice, Eric Holder, Bush administration (43)

Timeline Tags: Civil Liberties

Neal Katyal.Neal Katyal. [Source: PBS]Georgetown law professor Neal Katyal is to be named the Justice Department’s deputy solicitor general. Katyal successfully argued for the defense in the landmark Hamdan v. Rumsfeld trial before the Supreme Court (see June 30, 2006). Legal Times reporter Joe Palazzolo writes, “Katyal’s appointment is another strong signal of President-elect Barack Obama’s intentions to depart sharply from the terrorist detention and interrogation policies of the Bush administration.” The Hamdan case, “which marked Katyal’s first appearance before the high court, was a stinging rebuke to [President Bush’s] broad assertion of wartime power.” Katyal’s boss, Harvard Law School dean Elena Kagan, was named earlier in the month. Katyal was incoming Attorney General Eric Holder’s national security adviser in the Justice Department from 1998 to 1999, when Holder was deputy attorney general for the Clinton administration. Katyal also served as one of the co-counsels for Vice President Gore in the Supreme Court election dispute of December 2000. He once clerked for Supreme Court Justice Stephen Breyer. [Legal Times, 1/17/2009]

Entity Tags: US Department of Justice, Elena Kagan, Neal Katyal, Joe Palazzolo

Timeline Tags: Torture of US Captives, Civil Liberties

Lieutenant Colonel Darrel Vandeveld (see January 13, 2009), a former Army prosecutor at Guantanamo who resigned his position in September 2008 (see September 2008), publishes a column in the Washington Post explaining his decision. After a lengthy recounting of his experiences at Guantanamo, he concludes: “I am ashamed that it took me so long to recognize the stain of Guantanamo, not simply on America’s standing in the world, but as part, now, of a history we cannot undo. We have kept human beings in solitary confinement for as long as seven years, even though they have never been charged with any crime. In other places, we have beaten hooded, shackled prisoners, at least two of whom died as a result. There is a way out of Guantanamo. It is not as difficult as some apologists have made it seem. Many of the detainees have not committed war crimes and the handful of real terrorists and war criminals can be tried in federal court.… For the detainees who have not committed any crime, we must begin an immediate and intensive program of rehabilitation that will allow them to reintegrate into the societies from which they were removed on the flimsiest of legal bases.… No one who has fought for our country and its values has done so to enable what happened in Guantanamo. We did not sacrifice so that an administration of partisan civilians, abetted by military officers who seemed to have lost their moral compass, could defile our Constitution and misuse the rule of law. For a few dark years, it was ‘legal’ to mistreat fellow human beings. Now, some of that treatment has been called ‘torture’ by Susan Crawford, the convening authority of military commissions (see January 14, 2009). I just hope no one will see that kind of abuse—and look the other way—again.” [Washington Post, 1/18/2009]

Entity Tags: Darrel Vandeveld

Timeline Tags: Torture of US Captives

As one of its last official acts, the Bush administration asks federal judge Vaughn Walker to stay his ruling that keeps alive a lawsuit testing whether a sitting president can bypass Congress and eavesdrop on Americans without warrants. The request, filed at 10:56 p.m. on President Bush’s last full day in office, asks Walker to stay his ruling and allow the federal government to appeal his ruling that allows the al-Haramain lawsuit to proceed (see February 28, 2006). The warrantless wiretapping alleged in the lawsuit took place in 2004, well before Congress’s 2008 authorization of the government’s spy program. The Obama administration’s incoming Attorney General, Eric Holder, says the Justice Department will defend the spy program because Congress made it legal (see January 15, 2009). It is not clear whether the Justice Department under Holder will continue to fight the Al Haramain lawsuit. The Bush administration wants Walker to reverse his decision to let plaintiffs’ lawyers Wendell Belew and Asim Ghafoo use a Top Secret document that was accidentally disclosed to them in 2004 (see January 5, 2009); that document, which allegedly proves the warrantless and illegal nature of the wiretapping performed against the Al Haramain charity, is at the center of the lawsuit. Previous rulings disallowed the use of the document and forced the defense lawyers to return it to the government, but Walker ruled that other evidence supported the claim of warrantless wiretapping, and therefore the document could be used. In its request for a stay, the Bush administration asserts that allowing the document to be used in the lawsuit would jeopardize national security, and that the document is protected under the state secrets privilege (see March 9, 1953). Administration lawyers say that Walker should not be allowed to see the document, much less the defense lawyers. “If the court were to find… that none of the plaintiffs are aggrieved parties, the case obviously could not proceed, but such a holding would reveal to plaintiffs and the public at large information that is protected by the state secrets privilege—namely, that certain individuals were not subject to alleged surveillance,” the administration writes in its request. If the lawsuit continues, the government says, that decision “would confirm that a plaintiff was subject to surveillance” and therefore should not be allowed: “Indeed, if the actual facts were that just one of the plaintiffs had been subject to alleged surveillance, any such differentiation likewise could not be disclosed because it would inherently reveal intelligence information as to who was and was not a subject of interest, which communications were and were not of intelligence interest, and which modes of communication were and were not of intelligence interest, and which modes of communication may or may not have been subject to surveillance.” Jon Eisenberg, the lawyer for Belew and Ghafoo, says: “We filed this lawsuit to establish a judicial precedent that the president cannot disregard Congress in the name of national security. Plaintiffs have a right to litigate the legality of the surveillance.” [Wired News, 1/20/2009]

Entity Tags: Jon Eisenberg, Asim Ghafoo, Al Haramain Islamic Foundation, Bush administration (43), Obama administration, Eric Holder, Wendell Belew, Vaughn Walker, US Department of Justice, George W. Bush

Timeline Tags: Civil Liberties

Officials for the incoming Obama administration are dismayed to find that the task of closing Guantanamo Bay, one of President Obama’s first orders as president (see January 22, 2009), is going to be much harder than anticipated, because the records and details of the approximately 245 prisoners in custody are in terrific disarray. Obama officials, barred from examining classified records on the detainees until the inauguration, also find that many of the prisoners have no comprehensive case files at all. What information that does exist on the detainees is, according to a senior Obama official, “scattered throughout the executive branch.” Most detainees have little more than a dossier containing brief summaries of information, and lack any sort of background or investigative information that would be required for federal prosecutions. Obama named a Cabinet-level panel to review each case individually before the base is to be closed in a year, and those panel members will now have to spend weeks and perhaps months hunting down and correlating relevant material.
'Food Fights' among Bush Agencies - Officials from the former Bush administration admit that the files are incomplete, and that no single government office was tasked with keeping the information on Guantanamo detainees together. They blame the CIA and other intelligence agencies for not adequately sharing information, and add that the Bush administration’s focus was more on detention and interrogation, and much less on putting together information for future prosecutions. A former Pentagon official says that “regular food fights” between competing government agencies over the sharing of information contributed to the lack of coherent and consistent files. (A CIA official denies that the agency ever balked at sharing information with other governmental agencies, and says the Defense Department was more likely to be responsible for laspes in information.)
Former Bush Officials Say Obama Officials 'Look[ing] for Excuses' - However, other former Bush officials say the Obama team is trying to “look for excuses” instead of dealing with the complexities of the issues involved. Obama officials, after promising quick solutions, are now “backpedaling and trying to buy time” by blaming its predecessor, according to a former senior Bush official. He says that “all but about 60… are either high-level al-Qaeda people responsible for 9/11 or bombings, or were high-level Taliban or al-Qaeda facilitators or money people,” and the Obama administration will come to the same conclusion as Bush officials: that they need to stay in detention without trial or charges.
Files 'Not Comprehensive,' Problem Noted in Previous Judicial Proceedings - But Obama officials say they want to make their own judgments. A senior Obama official says: “The consensus among almost everyone is that the current system is not in our national interest and not sustainable. [But] it’s clear that we can’t clear up this issue overnight” in part because the files “are not comprehensive.” Justice Department lawyers claim that after the Supreme Court ruled detainees have habeas corpus rights (see June 30, 2006), Bush officials were “overwhelmed” by the sudden need to gather and correlate information and material. In one federal filing, the Justice Department told a court that the record for a particular detainee “is not simply a collection of papers sitting in a box at the Defense Department. It is a massive undertaking just to produce the record in this one case.” In another filing, Justice Department officials told a court that “defending these cases requires an intense, inter-agency coordination of efforts. None of the relevant agencies, however, was prepared to handle this volume of habeas cases on an expedited basis.” Some former military officials say that evidence gathered for military commissions trials was scattered and incomplete. One former Guantanamo prosecutor, Darrel Vandeveld, says evidence was “strewn throughout the prosecution offices in desk drawers, bookcases packed with vaguely-labeled plastic containers, or even simply piled on the tops of desks.” He says he once accidentally found “crucial physical evidence” that “had been tossed in a locker located at Guantanamo and promptly forgotten.” [Washington Post, 1/25/2009] Vandeveld says that evidence at Guantanamo was often so disorganized “it was like a stash of documents found in a village in a raid and just put on a plane to the US.” [United Press International, 1/14/2009]
Prosecutors Lacked Evidence Necessary for Prosecutions, Says Senior Official - “A prosecutor has an ethical obligation to review all the evidence before making a charging decision,” says Susan Crawford, the convening authority for the military commissions. “And they didn’t have access to all the evidence, including medical records, interrogation logs, and they were making charging decisions without looking at everything.” Crawford has stated that another detainee was tortured while at Guantanamo (see January 14, 2009). [ABA Journal, 1/14/2009]
Defense Department: Information There, but Scattered - Pentagon spokesman Geoff Morrell says the files are in good order: “Fundamentally, we believe that the individual files on each detainee are comprehensive and sufficiently organized,” however, “in many cases, there will be thousands of pages of documents… which makes a comprehensive assessment a time-consuming endeavor.… Not all the documents are physically located in one place,” but most are available through a database. “The main point here is that there are lots of records, and we are prepared to make them available to anybody who needs to see them as part of this review.” [Washington Post, 1/25/2009]

Entity Tags: US Department of Justice, Susan Crawford, Bush administration (43), US Department of Defense, Central Intelligence Agency, Geoff Morrell, Obama administration, Darrel Vandeveld

Timeline Tags: Civil Liberties

Former Deputy Secretary of State Richard Armitage, asked if waterboarding is torture, replies, “Absolutely.” Armitage’s interview is broadcast as part of the WNET documentary Torturing Democracy. Armitage, who graduated from the US Naval Academy in 1967 and served in Vietnam, was waterboarded as part of his Survival, Evasion, Resistance, and Escape (SERE) training, which was later used as a platform for developing the Bush administration’s torture policies (see December 2001 and January 2002 and After). He describes his own waterboarding, with physical gestures: “I was put on an incline. My legs were like that and my back went down. I can’t remember if it was a wet T-shirt or a wet towel was put over my nose and mouth, and it was completely soaked. But I could still breathe. And then a question would be asked and I would not answer, and water would slowly be poured in this. And the next time I took a breath, I’d be drawing in water, whether I took it from my mouth or my nose. For me, it was simply a feeling of helplessness.” The interviewer observes: “I’ve talked to a former SERE instructor who was also waterboarded, and he said there’s nothing simulated about it. You think you are drowning.” Armitage replies: “Except in the case that I did realize I was in Northern California, and I did realize the people doing this were actually on my side. But the sensation to me was one of total helplessness, and I’ve had a lot of sensations in my life, but helplessness was not generally one of them. But the sensation was enormously unpleasant and frightening to me.” Would he describe it as torture? Armitage is asked. “Absolutely,” he responds. “No question.” The interviewer then asks, “So how do you explain the recent indecision over whether or not waterboarding is torture?” Armitage responds: “I cannot believe that my nation is having a discussion on what is torture. There is no question in my mind—there’s no question in any reasonable human being, there shouldn’t be, that this is torture. I’m ashamed that we’re even having this discussion.” Armitage says the State Department was deliberately left out of the Bush administration discussions of torture, “I think precisely because we’d have no part of it.” As for the discussions among White House and Justice Department officials over what did and did not constitute torture, Armitage says: “Well, if you were twisting yourselves into knots because you’re fearful that you may be avoiding some war crimes, then you’re probably tripping too closely to the edge. The fact that you want to have a discussion about how to avoid being accused of war crimes would indicate that you’re pretty close to the edge to me.” [National Security Archives, 1/21/2009]

Entity Tags: US Department of State, Bush administration (43), US Department of Justice, Richard Armitage

Timeline Tags: Torture of US Captives

The Supreme Court grants the Obama administration a month’s delay in the case of alleged al-Qaeda sleeper agent Ali al-Marri (see December 12, 2001). Al-Marri is the only known person being held as an “enemy combatant” in the United States (see June 23, 2003 and January 22, 2009). Obama has directed the Justice Department to review al-Marri’s case. [Associated Press, 1/23/2009]

Entity Tags: US Supreme Court, Al-Qaeda, Ali Saleh Kahlah al-Marri, Obama administration, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties

Retired Brigadier General James Cullen, one of the 16 retired flag officers who joined President Obama in Obama’s signing of his executive order banning torture (see January 22, 2009), calls himself and his fellow officers “flank protection” against any criticism Obama may face for his order. Cullen, who served in the Judge Advocate General’s Corps, once thought that the abuses reported at Abu Ghraib prison were aberrations, the acts of a few individuals and perhaps their commanding officers. “I wanted to believe that,” he says. “Then l began to hear similar reports coming out of Guantanamo and Bagram in Afghanistan. There was a pattern—the sexual humiliation, the abuse. This kind of pattern is not a coincidence.” Cullen pins some of the blame for the torture and abuse of prisoners in American custody on former Vice President Dick Cheney, who said five days after the 9/11 attacks that the US would need more than a conventional military response to 9/11: “We also have to work, though, sort of the dark side, if you will” (see September 16, 2001). Cullen says that for military personnel, Cheney’s remarks were the equivalent of “the dissolute uncle up there winking, telling him he’s got license.” Cullen says that he was not alone in being shocked and appalled at the reports of torture; many of his fellow flag officers felt the same revulsion. “We were muttering to ourselves in the closet,” he says. “We knew this was not the military we left. Especially after the draft ended, people were in the services because they wanted to be—to better themselves and serve their country. A wonderful group of people who are receptive to training.” Cullen was instrumental in bringing retired flag officers together with Human Rights First, a civil advocacy group, to oppose the Bush torture policies. Cullen says that the practice of torture is not only immoral and inhumane, but ineffective. He says that a favorite scenario—the so-called “ticking time bomb,” where a bomb is planted to go off and only the torture of a suspect will provide the information needed to find and defuse the bomb in time to save civilian lives—is baseless. “It’s a false question from a classroom and from television shows like 24,” Cullen says, because an actual terrorist could give misleading information, or because people under intense pressure will say anything, true or false, to make the torture stop. “Another terrorist attack is going to happen. We feel certain of that. It’s not going to be because we ended torture. We will get better intelligence without it. And we keep our values.” [New York Times, 1/23/2009]

Entity Tags: Richard (“Dick”) Cheney, Human Rights First, James Cullen

Timeline Tags: Torture of US Captives

Former Attorney General Alberto Gonzales tells an NPR reporter that he never allowed the Justice Department (DOJ) to become politicized, and that he believes the historical judgment of his tenure in the department will be favorable. He acknowledges making some errors, including failing to properly oversee the DOJ’s push to fire nine US attorneys in 2008, a process many believe was orchestrated by the White House with the involvement of Gonzales and then-White House political guru Karl Rove.
Failure to Engage - “No question, I should have been more engaged in that process,” he says, but adds that he is being held accountable for decisions made by his subordinates. “I deeply regret some of the decisions made by my staff,” he says, referring to his former deputy Paul McNulty, who resigned over the controversy after telling a Senate committee that the attorney firings were performance-related and not politically motivated. Gonzales says his then-chief of staff, Kyle Sampson, was primarily responsible for the US attorney review process and for working with McNulty. “If Paul McNulty makes a recommendation to me—if a recommendation includes his views—I would feel quite comfortable that those would be good recommendations coming to me” about the qualifications of the US attorneys under question, Gonzales says. He adds that he has “seen no evidence” that Rove or anyone at the White House tried to use the US attorneys to politicize the work at the DOJ. A review by the DOJ’s Inspector General found that the firing policy was fundamentally flawed, and that Gonzales was disengaged and had failed to properly supervise the review process.
Claims He Was Unfairly Targeted by 'Mean-Spirited' Washington Insiders - Gonzales says he has been unfairly held responsible for many controversial Bush administration policies, including its refusal to abide by the Geneva Conventions (see Late September 2001, January 9, 2002, January 18-25, 2002, January 25, 2002, August 1, 2002, November 11, 2004, and January 17, 2007) and its illegal eavesdropping on US citizens (see Early 2004, March 9, 2004, December 19, 2005, Early 2006, and February 15, 2006), because of his close personal relationship with former President Bush. Washington, he says, is a “difficult town, a mean-spirited town.” He continues: “Sometimes people identify someone to target. That’s what happened to me. I’m not whining. It comes with the job.”
Visiting Ashcroft at the Hospital - In 2004, Gonzales, then the White House counsel, and White House chief of staff Andrew Card raced to the bedside of hospitalized Attorney General John Ashcroft to persuade, or perhaps coerce, Ashcroft to sign off on a secret government surveillance program (see March 10-12, 2004). The intervention was blocked by Deputy Attorney General James Comey (see March 12-Mid-2004). Gonzales says he has no regrets about the incident: “Neither Andy nor I would have gone there to take advantage of somebody who was sick. We were sent there on behalf of the president of the United States.” As for threats by Justice Department officials to resign en masse over the hospital visit (see Late March, 2004), Gonzales merely says, “Lawyers often disagree about important legal issues.”
Warning about Plain Speaking - Gonzales says Obama’s attorney general nominee, Eric Holder, should refrain from making such statements as Holder made last week when he testified that waterboarding is torture. “One needs to be careful in making a blanket pronouncement like that,” Gonzales says, adding that such a statement might affect the “morale and dedication” of intelligence officials and lawyers who are attempting to make cases against terrorism suspects. [National Public Radio, 1/26/2009]

Entity Tags: US Department of Justice, Eric Holder, Bush administration (43), Andrew Card, Alberto R. Gonzales, Geneva Conventions, George W. Bush, James B. Comey Jr., Karl C. Rove, Paul J. McNulty, D. Kyle Sampson

Timeline Tags: Civil Liberties

Convicted al-Qaeda conspirator Jose Padilla (see January 22, 2008) files a lawsuit holding former Defense Secretary Donald Rumsfeld and other former Bush administration officials responsible for his years in US detention without a lawyer or criminal charge. Last year Padilla sued former Justice Department lawyer John Yoo for writing legal opinions that led to his designation as an “enemy combatant” (see January 4, 2008); that case is still pending. In both cases, Padilla is seeking only a token $1 in damages; he wants a judge to declare his treatment illegal and unconstitutional. Justice Department lawyers argue that the lawsuit should be dismissed, saying that allowing it to proceed would endanger national security. A Padilla victory, they argue, “would strike at the core functions of the political branches, impacting military discipline, aiding our enemies, and making the United States more vulnerable to terrorist attack.” The government’s brief states, “Adjudication of the claims pressed by [Padilla] in this case would necessarily require an examination of the manner in which the government identifies, captures, designates, detains, and interrogates enemy combatants.” The Justice Department also wants the lawsuit against Yoo dismissed. “The issues of Padilla’s extreme interrogations and punitive conditions of confinement were never addressed by this court, the Fourth Circuit, or any other court,” Padilla’s lawyers say in their brief. They say the ordeal left Padilla psychologically disabled. “This guy had nothing,” says lawyer Michael O’Connell. “He was utterly isolated and had no clue that there was anybody out there advocating for him. He was just there forever. I don’t think I could have stood that and come out sane.… I can’t think of another time in this country that that ever happened to an American citizen.” Padilla’s lawyers argue that his designation as an enemy combatant violated his rights as a citizen. In their brief, they argue, “It was clearly established that military agents could not enter a civilian jail, seize a man from the civilian justice system, transport him to a military prison, detain him there indefinitely without criminal charge or conviction, deprive him of contact with attorneys or family, take from him his ability to fulfill the minimum requirements of his religion, and subject him to a program of extreme interrogations, sensory deprivation, and punishment.” [Christian Science Monitor, 1/29/2009]

Entity Tags: John C. Yoo, Bush administration (43), Jose Padilla, Donald Rumsfeld, US Department of Justice, Michael O’Connell

Timeline Tags: Torture of US Captives

Military judge Colonel James Pohl denies the Obama administration’s request to suspend legal proceedings at Guantanamo Bay (see January 20, 2009) in the case of a detainee accused of planning the attack on the USS Cole (see October 12, 2000). Because of Pohl’s order, the Pentagon may be forced to temporarily withdraw charges against accused Cole plotter Abd al-Rahim al-Nashiri and perhaps 20 other detainees facing military trials, including 9/11 mastermind Khalid Shaikh Mohammed (see January 5-8, 2000 and November-December 2000).
White House Response - Obama officials are startled by Pohl’s order, as five other military judges have agreed to the government’s request. White House press secretary Robert Gibbs says, “We just learned of the ruling here… and we are consulting with the Pentagon and the Department of Justice to explore our options in that case.” Asked if the decision will hamper the administration’s ability to evaluate detainees’ cases, Gibbs replies, “Not at all.”
Judge: Government Arguments 'Unpersuasive' - Pohl says he finds the government’s arguments in favor of suspension “unpersuasive” and that the case will go forward because “the public interest in a speedy trial will be harmed by the delay in the arraignment.” The White House wants the delay in order to review the cases of the approximately 245 detainees at Guantanamo and decide the disposition of each case. Pohl says he is bound by the Military Commissions Act (see October 17, 2006), “which remains in effect.”
Reactions Mixed - Navy Commander Kirk Lippold, who commanded the Cole when it was attacked, says he is “delighted” with the ruling, and adds, “It proves the military commissions work without undue command influence, and this decision puts us back on track to see an accounting for al-Nashiri’s terrorist acts.” Human rights activists disagree, with many arguing that the charges against al-Nashiri and perhaps other detainees should be withdrawn in order to allow the option of preserving or reforming military commissions at a new location. “Given that the Guantanamo order was issued on day two of the new administration, the president was clearly trying to make the immediate decisions needed while giving himself the flexibility to deal with the rest down the road,” says Human Rights Watch official Jennifer Daskal. “That said, the only sure way to ensure that the commissions process is brought to a halt is to now withdraw the charges.”
Options for Proceeding - Susan Crawford, the Pentagon official who approves charges and refers cases to trial (see January 14, 2009), can withdraw charges “without prejudice,” which would allow for refiling at a later date, whether under a modified military commissions procedure or for a civilian or military court. Pentagon spokesman Geoff Morrell says, “And so while that executive order is in force and effect, trust me, there will be no proceedings continuing down at Gitmo with military commissions.” Al-Nashiri’s case is complicated by the fact that he is one of at least three detainees who were waterboarded by CIA interrogators (see May 2002-2003). [Washington Post, 1/30/2009]

Entity Tags: Susan Crawford, Abd al-Rahim al-Nashiri, Geoff Morrell, James L. Pohl, Jennifer Daskal, Khalid Shaikh Mohammed, Obama administration, US Department of Justice, Kirk Lippold, Robert Gibbs, US Department of Defense

Timeline Tags: Civil Liberties

Attorneys for Jose Padilla, a US citizen convicted in 2007 of material support for terrorist activities (see May 8, 2002 and August 27, 2002) say that senior Bush administration officials knew Padilla was being tortured ever since being held as an enemy combatant in a South Carolina naval brig (see June 9, 2002). The lawyers say Bush officials such as former Defense Secretary Donald Rumsfeld must have known, because of the command structure and because Rumsfeld approved harsh interrogation tactics (see December 2, 2002). Padilla and his mother are suing the government for employing a wide variety of harsh interrogation tactics, including sleep deprivation, sensory deprivation, extended periods of isolation, forcible administering of hallucinogenic drugs, threats of death and mutilation, and enforced stress positions, as well as for violating his rights by holding him as an enemy combatant without due legal process. Both Rumsfeld and former Deputy Defense Secretary Paul Wolfowitz are named as defendants. Tahlia Townsend, an attorney for Padilla, says: “They knew what was going on at the brig and they permitted it to continue. Defendants Rumsfeld and Wolfowitz were routinely consulted on these kinds of questions.” The Justice Department is trying to get the case dismissed. [Raw Story, 1/30/2009] Justice Department lawyers claim that allowing the lawsuit to proceed would damage national security. They argue that a court victory for Padilla “would strike at the core functions of the political branches, impacting military discipline, aiding our enemies, and making the United States more vulnerable to terrorist attack.… Adjudication of the claims pressed by [Padilla] in this case would necessarily require an examination of the manner in which the government identifies, captures, designates, detains, and interrogates enemy combatants.” Padilla is seeking a symbolic $1 fine from each defendant along with a favorable ruling. [Christian Science Monitor, 1/29/2009]

Entity Tags: Paul Wolfowitz, Bush administration (43), Tahlia Townsend, US Department of Defense, US Department of Justice, Jose Padilla, Donald Rumsfeld

Timeline Tags: Torture of US Captives

The New York Times, in an editorial, condemns the “nativist” anti-immigrant movement (see February 2009) as having what it calls “a streak of racialist extremism” and being far on the fringe of the American body politic. The editorial comes days after a presentation by the anti-immigration group American Cause at the National Press Club (see January 29, 2009). American Cause was founded by MSNBC contributor Pat Buchanan and is headed by Marcus Epstein, a young activist with a raft of ties to racist and white supremacist groups (see October 8, 2007). Epstein also releases a report to go with the presentation that claims the federal government has been far too soft on would-be immigrants, and blames the November 2008 defeats of Republican candidates on the party’s unwillingness to stand up for an absolute ban on immigration. Epstein accuses former President Bush and his political advisor Karl Rove of “pander[ing] to pro-amnesty Hispanics and swing voters,” and urges Republicans to work to completely seal the US borders and drive immigrants out. The Times observes: “This is nonsense, of course. For years Americans have rejected the cruelty of enforcement-only regimes and Latino-bashing, in opinion surveys and at the polls. In House and Senate races in 2008 and 2006, ‘anti-amnesty’ hard-liners consistently lost to candidates who proposed comprehensive reform solutions.… Americans want immigration solved, and they realize that mass deportations will not do that. When you add the unprecedented engagement of growing numbers of Latino voters in 2008, it becomes clear that the nativist path is the path to permanent political irrelevance. Unless you can find a way to get rid of all the Latinos.” Participants in Epstein’s presentation included Bay Buchanan, Pat Buchanan’s sister and the director of an anti-immigrant political action committee, Team America PAC; James Pinkerton, a Fox News contributor; and Peter Brimelow, an outspoken white supremacist who founded the racist VDare.com. The Times warns: “It is easy to mock white-supremacist views as pathetic and to assume that nativism in the age of Obama is on the way out. The country has, of course, made considerable progress since the days of Know-Nothings and the Klan. But racism has a nasty habit of never going away, no matter how much we may want it to, and thus the perpetual need for vigilance.” [New York Times, 1/31/2009]

Entity Tags: Marcus Epstein, Bay Buchanan, George W. Bush, James Pinkerton, Karl C. Rove, The American Cause, Peter Brimelow, Patrick Buchanan, New York Times

Timeline Tags: Domestic Propaganda

Reflecting on the Bush administration’s decision to create “military commissions” to try terror suspects (see November 13, 2001), John Bellinger, the former legal adviser to the National Security Council during much of the Bush administration, says: “A small group of administration lawyers drafted the president’s military order establishing the military commissions, but without the knowledge of the rest of the government, including the national security adviser, me, the secretary of state, or even the CIA director. And even though many of the substantive problems with the military commissions as created by the original order have been resolved by Congress in response to the Supreme Court’s decision in the Hamdan case (see June 30, 2006), we have been suffering from this original process failure ever since.” [Vanity Fair, 2/2009]

Entity Tags: Condoleezza Rice, Bush administration (43), Colin Powell, US Supreme Court, George J. Tenet, National Security Council, John Bellinger

Timeline Tags: Civil Liberties

Attorney General-nominee Eric Holder says that if he is confirmed, he intends to review current litigation in which the Bush administration asserted the so-called “state secrets” privilege (see March 9, 1953), and that he intends to minimize the use of the privilege during his tenure. “I will review significant pending cases in which DOJ [the Justice Department] has invoked the state secrets privilege, and will work with leaders in other agencies and professionals at the Department of Justice to ensure that the United States invokes the state secrets privilege only in legally appropriate situations,” he writes in a response to pre-confirmation questions. (Shortly after Holder’s testimony, the Justice Department again asserts the “state secrets” privilege in a case involving a Guantanamo detainee—see February 9, 2009). Holder adds: “I firmly believe that transparency is a key to good government. Openness allows the public to have faith that its government obeys the law.” To a related question, he asserts his belief that the Office of Legal Counsel (OLC) must disclose as many of the opinions it generates as possible: “Once the new assistant attorney general in charge of the Office of Legal Counsel is confirmed, I plan to instruct that official to review the OLC’s policies relating to publication of its opinions with the [objective] of making its opinions available to the maximum extent consistent with sound practice and competing concerns.” [Federation of American Scientists, 2/2/2009; Senate Judiciary Committee, 2/2/2009] Weeks later, the Justice Department will release nine controversial OLC memos from the Bush administration (see March 2, 2009).

Entity Tags: Eric Holder, Bush administration (43), Office of Legal Counsel (DOJ), US Department of Justice

Timeline Tags: Civil Liberties

PBS’s Nova series broadcasts “The Spy Factory,” an examination of the National Security Agency’s domestic surveillance program. The program is crafted by author and national security expert James Bamford with PBS producer Scott Willis. One portion of the broadcast shows a representation of the enormous data flow of Internet communications entering the US from Asia at Morro Bay, California, and then goes to a small AT&T facility in San Luis Obispo. “If you want to tap into international communications, it seems like the perfect place is San Luis Obispo,” Bamford narrates. “That’s where 80 percent of all communications from Asia enters the United States.” However, the NSA taps into the AT&T datastream much farther north, in AT&T’s Folsom Street facility in San Francisco (see October 2003 and Late 2003). According to former AT&T technician Mark Klein (see July 7, 2009 and May 2004), the NSA would have far more access to domestic communications by tapping into the dataflow at the San Francisco facility. He will later write, “This fact belies the government’s claims that they’re only looking at international communications.” [Klein, 2009, pp. 50-51; PBS, 2/3/2009]

Entity Tags: Mark Klein, AT&T, James Bamford, Public Broadcasting System, National Security Agency, Scott Willis

Timeline Tags: Civil Liberties

Two British High Court judges rule against releasing documents describing the torture and abuse of Guantanamo detainee Binyam Mohamed (see May-September, 2001). The judges cite threats from the US government as shaping their decision, saying that the US had threatened to withhold intelligence cooperation from Britain if the information on Mohamed’s treatment were made public.
Confession through Torture, Detainee Alleges - Mohamed is a British resident who was arrested in Pakistan in 2002 (see September 2001 - April 9, 2002). He was initially charged with planning a “dirty bomb” attack in the US (see November 4, 2005); those charges were later dropped (see October-December 2008), but he has allegedly confessed to being an al-Qaeda operative and remains in detention without charges. Mohamed says that the confession was tortured out of him during his detention in secret prisons in Pakistan (see April 10-May, 2002 and May 17 - July 21, 2002), Morocco (see July 21, 2002 -- January 2004), and Afghanistan (see January-September 2004), and later in Guantanamo. During his incarcerations at these various prisons, he says he was beaten, deprived of sleep, and had his genitals cut with a scalpel. Mohamed’s attorneys argue that he has committed no crime and is a victim of torture and rendition by US officials, with British cooperation (see February 24, 2009). [Washington Post, 2/5/2009; Los Angeles Times, 2/5/2009]
Judges, Lawmakers 'Dismayed' at US Threats - In their decision, Judges John Thomas and David Lloyd Jones write, “We did not consider that a democracy governed by the rule of law would expect a court in another democracy to suppress a summary of the evidence… relevant to allegations of torture and cruel, inhumane, or degrading treatment, politically embarrassing though it might be.” [Washington Post, 2/5/2009] They are dismayed that “there would be made a threat of the gravity of the kind made by the United States government, that it would reconsider its intelligence-sharing relationship” with Britain, one of its closest allies, if the British government made the summary public. [Los Angeles Times, 2/5/2009] They warn that a US withdrawal from intelligence-sharing could “inflict on the citizens of the United Kingdom a very considerable increase in the dangers they face at a time when a serious terrorist threat” remains. Conservative member of parliament David Davis tells the House of Commons, “The government is going to have to do some pretty careful explaining about what’s going on.” It is absolutely inappropriate for the US to have “threatened” the British government, Davis says: “The ruling implies that torture has taken place in the Mohamed case, that British agencies may have been complicit, and further, that the United States government has threatened our High Court that if it releases this information the US government will withdraw its intelligence cooperation with the United Kingdom.… Frankly, it is none of their business what our courts do.”
Lawyer Objects - Clive Stafford Smith, Mohamed’s attorney, says that by not disclosing the evidence, Britain is guilty of “capitulation to blackmail.… The judges used the word ‘threat’ eight times. That’s a criminal offense right there. That’s called blackmail. Only the Mafia have done that sort of stuff.” Smith continues: “It is hardly Britain’s finest hour. As the judges say, it is up to President Obama to put his money where his mouth is. He must repudiate his predecessor’s reprehensible policy.”
Prime Minister Knows Nothing of Threats - Officials in Prime Minister Gordon Brown’s office say they know nothing of any threats from Obama officials. “We have not engaged with the new administration on the detail of this case,” says a Brown spokesman. But British Foreign Secretary David Miliband notes: “Matters regarded as secret by one government should be treated as secret by others. For it to be called into question would pose a serious and real risk to continuing close intelligence-sharing with any government.” Miliband notes that the British government has made “strenuous efforts” to have Mohamed released (see August 2007). [New York Times, 2/4/2009; Washington Post, 2/5/2009]
ACLU Asks for Clarification - The American Civil Liberties Union (ACLU) has sent a letter to Secretary of State Hillary Clinton, asking that she clarify the Obama administration’s position on the Mohamed case and to reject what it described as the Bush administration’s policy of using false claims of national security to avoid judicial review of controversial programs. According to ACLU head Anthony Romero, “The latest revelation is completely at odds with President Obama’s executive orders that ban torture and end rendition, as well as his promise to restore the rule of law.” State Department spokesman Robert Wood refuses to comment on the judges’ statement, saying, “It’s the first I’ve heard of it.” [Washington Post, 2/5/2009; Los Angeles Times, 2/5/2009]

Entity Tags: Robert Wood, John Thomas, Binyam Mohamed, Anthony D. Romero, American Civil Liberties Union, Bush administration (43), Obama administration, Clive Stafford Smith, David Lloyd Jones, David Davis, Gordon Brown, David Miliband, Hillary Clinton

Timeline Tags: Torture of US Captives

Upon his return from a brief tour of the Guantanamo detention facility (see January 30, 2009), Senator James Inhofe (R-OK) delivers a speech on the floor of the Senate recommending that the facility remain open, despite President Obama’s decision to close it (see January 22, 2009). Inhofe says, “The military detention facilities at GTMO meet the highest international standards and are a fundamental part of protecting the lives of Americans from terrorism.” He says “[t]he detainees are being treated humanely,” there are “two lawyers for every detainee that has been charged or had charges preferred against them,” and there is one health care professional for every two detainees, ensuring that they receive the highest level of medical care (see April-May 2002, August 8, 2002-January 15, 2003, and March 10-April 15, 2007). Guantanamo “is the only complex in the world that can safely and humanely hold these individuals who pose such a grave security risk to the US,” Inhofe insists. “It is a secure location away from population centers, provides the maximum security required to prevent escape, provides multiple levels of confinement opportunities based on the compliance of the detainee, and provides medical care not available to a majority of the population of the world.” He goes on: “Furthermore, GTMO is the single greatest repository of human intelligence in the war on terror. This intelligence has prevented terrorist attacks and saved lives in the past and continues to do so today (see Summer 2000 and November 30, 2008). New intelligence is continually being collected from detainees at GTMO and is being used to fight terrorists in Iraq, Afghanistan and around the globe.” Since the US “will continue to capture, hold and detain enemy combatants,” he says, “we require a location to safely detain and care for these detainees.” [US Senate, 2/5/2009] Fellow Republican Senator Richard Burr (R-NC), who joined Inhofe on the tour, agrees, saying that the Guantanamo facility is “well thought out and in keeping with our nation’s highest ideals.” Burr adds that it is the US guards, not the prisoners, who are being mistreated: “If anyone receives mistreatment at Guantanamo, it is the guard force. They must endure frequent verbal and physical attacks from detainees while maintaining the highest standard of care for those same individuals.” [US Senate, 2/2/2009] Neither Inhofe nor Burr address the hunger strike among Guantanamo detainees, nor the allegations that prisoners are being force-fed and beaten (see February 8, 2009). Satyam Khanna of the left-leaning website Think Progress notes: “It is unclear how Inhofe and his conservative colleagues failed to see 50 detainees on hunger strike, some near death, while touring the prison. Conveniently, none of the senators alerted the public to these facts upon their return.” [Think Progress, 2/9/2009]

Entity Tags: Richard Burr, Barack Obama, James M. Inhofe, Satyam Khanna

Timeline Tags: Torture of US Captives, Civil Liberties

Binyam Mohamed.Binyam Mohamed. [Source: Independent]A lawyer for a Guantanamo detainee demands the release of her client because he is near death. Lieutenant Colonel Yvonne Bradley is in London to ask that her client, British resident Binyam Mohamed (see May-September, 2001), who is still in Guantanamo even though all charges against him have been dropped (see October-December 2008), be released. Through Bradley, Mohamed claims that he has been repeatedly tortured at the behest of US intelligence officials (see April 10-May, 2002, May 17 - July 21, 2002, July 21, 2002 -- January 2004, and January-September 2004). Bradley says that Mohamed is dying in his cell. Mohamed and some twenty other detainees are so unhealthy that they are on what Bradley calls a “critical list.”
Hunger Strike, Beatings - Fifty Guantanamo detainees, including Mohamed, are on a hunger strike, and are being strapped to chairs and force-fed; those who resist, witnesses say, are beaten. Mohamed has suffered drastic weight loss, and has told his lawyer that he is “very scared” of being attacked by guards after witnessing what The Guardian describes as “a savage beating for a detainee who refused to be strapped down and have a feeding tube forced into his mouth.” Bradley is horrified at Mohamed’s description of the state of affairs in the prison. She says: “At least 50 people are on hunger strike, with 20 on the critical list, according to Binyam. The JTF [the Joint Task Force running Guantanamo] are not commenting because they do not want the public to know what is going on. Binyam has witnessed people being forcibly extracted from their cell. SWAT teams in police gear come in and take the person out; if they resist, they are force-fed and then beaten. Binyam has seen this and has not witnessed this before. Guantanamo Bay is in the grip of a mass hunger strike and the numbers are growing; things are worsening. It is so bad that there are not enough chairs to strap them down and force-feed them for a two- or three-hour period to digest food through a feeding tube. Because there are not enough chairs the guards are having to force-feed them in shifts. After Binyam saw a nearby inmate being beaten it scared him and he decided he was not going to resist. He thought, ‘I don’t want to be beat, injured or killed.’ Given his health situation, one good blow could be fatal.… Binyam is continuing to lose weight and he is going to get worse. He has been told he is about to be released, but psychologically and physically he is declining.”
Demanding Documents to Prove Torture, Rendition - Bradley is also demanding documents that she says will prove her client was tortured, and may also prove British complicity in Mohamed’s treatment (see February 24, 2009). An American court in San Francisco is also slated to hear evidence that Mohamed was subjected to “extraordinary rendition” by the CIA, where Mohamed and other prisoners were sent to other countries that tortured them. That lawsuit was originally dismissed when the Bush administration asserted “state secrets privilege” (see March 9, 1953), but lawyers for Mohamed refiled the case hoping that the Obama administration would be less secretive.
US Intelligence Wants Mohamed Dead? - The Guardian also notes that “some sections of the US intelligence community would prefer Binyam did die inside Guantanamo.” The reason? “Silenced forever, only the sparse language of his diary would be left to recount his torture claims and interviewees with an MI5 officer, known only as Witness B. Such a scenario would also deny Mohamed the chance to personally sue the US, and possibly British authorities, over his treatment.” [Guardian, 2/8/2009]

Entity Tags: Yvonne Bradley, Binyam Mohamed, Bush administration (43), Obama administration

Timeline Tags: Torture of US Captives, Civil Liberties

A Justice Department official says that the Obama administration will continue to assert the so-called “state secrets privilege” (see March 9, 1953) in a lawsuit filed by Guantanamo detainee Binyam Mohamed (see February 8, 2009). In the case Mohamed et al v Jeppesen Dataplan, Inc, Mohamed and four former detainees are suing a Boeing subsidiary, Jeppesen Dataplan, for cooperating with the CIA in subjecting them to “extraordinary rendition,” flying them to foreign countries and secret overseas CIA prisons where, they say, they were tortured. The case was thrown out a year ago, but the American Civil Liberties Union (ACLU) has appealed it. According to a source inside the Ninth US District Court, a Justice Department lawyer tells the presiding judge that its position has not changed, that the new administration stands behind arguments that the previous administration made, with no ambiguity at all. The lawyer says the entire subject matter remains a state secret. According to Justice Department spokesman Matt Miller, “It is the policy of this administration to invoke the state secrets privilege only when necessary and in the most appropriate cases, consistent with the United States Supreme Court’s decision in Reynolds that the privilege not ‘be lightly invoked.’” Miller adds that Attorney General Eric Holder is conducting a review of all state secret privilege matters. “The Attorney General has directed that senior Justice Department officials review all assertions of the State Secrets privilege to ensure that the privilege is being invoked only in legally appropriate situations,” Miller says. “It is vital that we protect information that, if released, could jeopardize national security. The Justice Department will ensure the privilege is not invoked to hide from the American people information about their government’s actions that they have a right to know. This administration will be transparent and open, consistent with our national security obligations.” The ACLU’s Anthony Romero says that the Obama administration is doing little besides offering “more of the same.” He continues: “Eric Holder’s Justice Department stood up in court today and said that it would continue the Bush policy of invoking state secrets to hide the reprehensible history of torture, rendition, and the most grievous human rights violations committed by the American government. This is not change. This is definitely more of the same. Candidate Obama ran on a platform that would reform the abuse of state secrets, but President Obama’s Justice Department has disappointingly reneged on that important civil liberties issue. If this is a harbinger of things to come, it will be a long and arduous road to give us back an America we can be proud of again.” ACLU attorney Ben Wizner, who argued the case for Mohamed and the other plaintiffs, adds: “We are shocked and deeply disappointed that the Justice Department has chosen to continue the Bush administration’s practice of dodging judicial scrutiny of extraordinary rendition and torture. This was an opportunity for the new administration to act on its condemnation of torture and rendition, but instead it has chosen to stay the course. Now we must hope that the court will assert its independence by rejecting the government’s false claims of state secrets and allowing the victims of torture and rendition their day in court.” [ABC News, 2/9/2009]

Entity Tags: Binyam Mohamed, Anthony D. Romero, American Civil Liberties Union, Ben Wizner, US Department of Justice, Obama administration, Eric Holder, Central Intelligence Agency, Matthew Miller, Jeppesen Dataplan

Timeline Tags: Civil Liberties

A newly released government threat analysis shows that slain trust-fund millionaire James G. Cummings, an American Nazi sympathizer from Maine who was killed by his wife Amber in December 2008, possessed the radioactive components necessary to build a so-called “dirty bomb.” Cummings, infuriated by the election of Barack Obama to the presidency, purchased depleted uranium over the Internet from an American company.
FBI Confiscates Radioactive Materials - The Bangor Daily News reports, “According to an FBI field intelligence report from the Washington Regional Threat and Analysis Center posted online by WikiLeaks, an organization that posts leaked documents, an investigation into the case revealed that radioactive materials were removed from Cummings’s home after his shooting death on December 9.” According to the Washington Regional Threat and Analysis Center: “Amber [Cummings] indicated James was very upset with Barack Obama being elected president. She indicated James had been in contact with ‘white supremacist group(s).’ Amber also indicated James mixed chemicals in the kitchen sink at their residence and had mentioned ‘dirty bombs.’” An FBI search of the Cummings home found four jars of depleted uranium-238 labeled “uranium metal” and the name of an unidentified US corporation, another jar labeled “thorium” and containing that material, and a second, unlabeled jar which also contained thorium-232. Other materials found in Cummings’s home were consistent with the manufacture of an explosive device, which if detonated could have spread radioactive debris throughout a relatively large local area. The FBI also found information on how to build “dirty bombs,” and information about cesium-137, strontium-90, cobalt-60, and other radioactive materials. FBI evidence shows Cummings had numerous ties to a variety of right-wing white supremacist groups. Cummings also owned a collection of Nazi memorabilia which, according to local tradesmen, he proudly displayed throughout his home. Police reports show that Cummings has a long history of violence. Amber Cummings contends she is innocent of her husband’s murder by reason of insanity, and claims she suffered years of mental, physical, and sexual abuse at his hands. The Department of Homeland Security has refused to comment on the incident. [Bangor Daily News, 2/10/2009; Raw Story, 3/9/2009] Local law enforcement officials downplay the threat Cummings posed, and the national media virtually ignores the story. [Time, 9/30/2010]
Later Information Shows Depth of Threat Posed by Cummings - Additional information gleaned by Time reporter Barton Gellman from Cummings’s notes and records later shows that the threat posed by Cummings was even more serious than initially reported. Cummings had applied to join the National Socialist Party (the American Nazi organization), and had detailed plans on how to assassinate President-elect Obama. Gellman will call Cummings “a viciously angry and resourceful man who had procured most of the supplies for a crude radiological dispersal device and made some progress in sketching a workable design.” Gellman says that in his attempt to construct a nuclear weapon, Cummings “was far ahead of Jose Padilla, the accused al-Qaeda dirty-bomb plotter (see June 10, 2002), and more advanced in his efforts than any previously known domestic threat involving a dirty bomb.” The materials were later confirmed to be the radioactive materials they were labeled as being; Amber Cummings will say that her husband bought them under the pretense of conducting legal research for a university. Although the materials Cummings had would not, themselves, succeed in unleashing large amounts of radiation over a large area, he was actively searching for three ingredients that would serve such a purpose: cobalt-60, cesium-137, and strontium-90. He had succeeded in manufacturing large amounts of TATP, an explosive favored by Islamist suicide bombers and brought on board an aircraft by “shoe bomber” Richard Reid (see December 22, 2001). “His intentions were to construct a dirty bomb and take it to Washington to kill President Obama,” Amber Cummings says. “He was planning to hide it in the undercarriage of our motor home.” She says her husband had practiced crossing checkpoints with dangerous materials aboard, taking her and their daughter along for an image of innocence. Maine state police detective Michael McFadden, who participated in the investigation throughout, says he came to believe that James Cummings posed “a legitimate threat” of a major terrorist attack. “When you’re cooking thorium and uranium under your kitchen sink, when you have a couple million dollars sitting in the bank and you’re hell-bent on doing something, I think at that point you become someone we want to sit up and pay attention to,” he says. “If she didn’t do what she did, maybe we would know Mr. Cummings a lot better than we do right now.” [Time, 9/30/2010]

Entity Tags: Washington Regional Threat and Analysis Center, US Department of Homeland Security, Michael McFadden, Jose Padilla, Amber Cummings, Federal Bureau of Investigation, James G. Cummings, Richard C. Reid, WikiLeaks

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

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